Cabot SAR LBC ESTOPPLE final · Checkmate The Matrix

Cabot SAR LBC ESTOPPLE final

If anyone is interested here is a redacted letter to cabot before i take them to court, Also giving them the chance to delete and repair my credit file if they see fit to go with that option! This is one of many i have sent over the years the only change here is to see if they rather delete me or play Business and property court chancery time. Hedge you bets. Any comments or suggestion please feel free. And if it helps anyone please feel free. Kind regards Shaun...

Sorry its long and just pasted from my letter so the formatting is not great,But if you want the document file for word office etc i can upload it.

Redacted / Web-Safe Version – Letter Before Action Template

You can tweak headings / wording when you paste it to your site.

LETTER BEFORE ACTION(UK GDPR, DPA 2018, CCA 1974, FCA CONC, HARASSMENT, UNFAIR RELATIONSHIP, ESTOPPEL & EQUITABLE RELIEF)

Sent via: Royal Mail – Recorded Delivery (Signed For)

Date: [INSERT DATE]

From:[YOUR NAME][YOUR ADDRESS LINE 1][YOUR ADDRESS LINE 2][YOUR TOWN/CITY][POSTCODE]

To:The Data Protection Officer / Legal Department[DEBT PURCHASER / COLLECTION FIRM NAME][COMPANY ADDRESS LINE 1][COMPANY ADDRESS LINE 2][TOWN/CITY][POSTCODE]

Re: Letter Before Action – Data Protection, Consumer Credit, Harassment, Unfair Relationship & Equitable Relief

Your Reference: [INSERT THEIR REFERENCE NUMBER]Alleged Account: [ORIGINAL CREDITOR NAME, E.G. “Lloyds Banking Group Credit Card”]Alleged Balance: approx. £[INSERT AMOUNT]

Dear Sir/Madam,

I write further to extensive previous correspondence and multiple Subject Access Requests (SARs) regarding the above-referenced alleged account.

For the avoidance of doubt, I do not admit liability for any alleged debt to [DEBT PURCHASER NAME] or to [ORIGINAL CREDITOR NAME], whether in law or in equity. All rights are strictly reserved.

This letter constitutes a formal Letter Before Action. If the matters set out below are not resolved within the time limit specified, I intend to commence legal proceedings without further notice.

1. Background & Chronology

On [DATE OF FIRST SAR], I submitted a formal Subject Access Request (SAR 1) under Article 15 UK GDPR and Sections 45–49 Data Protection Act 2018 (DPA 2018) regarding your alleged purchase and enforcement of an alleged [ORIGINAL CREDITOR] account, including any other alleged accounts connected to me.
On [DATE OF SECOND SAR], having received an incomplete and inadequate response, I submitted a follow-up SAR (SAR 2).
On [DATE OF ESCALATED SAR / NOTICE], I sent a Formal Escalated Data Subject Access Request (DSAR / SAR 3) and Notice of Breach (for example captioned “Pre-Litigation Notice – UK GDPR, DPA 2018, CCA 1974”), clearly setting out:
Despite these notices, you have failed to provide full and lawful compliance with your data protection obligations and continue to:
On or about [DATE OF LATEST DEMAND LETTER], you sent a further letter in respect of your reference [REFERENCE NUMBER], asserting an outstanding balance of approximately £[AMOUNT], promoting “payment plan” and “pay in full” options, and linking payment to potential improvements in my credit worthiness, while:

In light of the above, I now consider it necessary to set out my position formally by way of this Letter Before Action.

2. Summary of Legal, Regulatory & Equitable Breaches

(A) Data Protection – UK GDPR & DPA 2018

You are in ongoing breach of your obligations as data controller, including but not limited to:

Article 12(3) UK GDPR Failing to respond to my SARs “without undue delay” and in any event within one month.
Article 15 UK GDPR – Right of Access Failing to provide:
Article 5(1)(a)–(d) UK GDPR Failing to ensure my data is processed lawfully, fairly, transparently and accurately, particularly regarding:
Article 6(1)(f) UK GDPR – Legitimate Interests Failing to evidence a proper Legitimate Interest Assessment (LIA) in support of any claim that processing my data for debt purchase, collection and CRA reporting is lawful.
Article 21 UK GDPR – Right to Object Failing to respect and act upon my explicit objection to processing, including:
Sections 45–49 DPA 2018 Failing to uphold my statutory right of access and failing to supply a complete and lawful response to my SARs.
Section 170 DPA 2018 Potentially unlawfully obtaining, holding, processing or disclosing my personal data without legal basis or valid title to any alleged debt.

In circumstances where you are unable or unwilling to evidence a valid legal assignment of any alleged debt relating to me, or to identify any contractual term authorising such assignment and data disclosure, there is no proper foundation for claiming a “legitimate interest” in processing my personal data for the purposes of debt purchase, collection, profiling or credit reporting. In that situation, any continued processing of my personal data is likely to be unlawful under UK GDPR and the DPA 2018 and will be treated as a data breach for which I am entitled to seek compensation.

(B) Consumer Credit Act 1974 & Assignment

You have:

Failed to provide a true copy of the executed Consumer Credit Agreement and full statement of account under Sections 77–79 Consumer Credit Act 1974, despite repeated requests and, where applicable, the tendering of any statutory fee.
Failed to provide a properly executed Deed of Assignment, compliant with:

I am aware that consumer credit debts are frequently bid for and purchased in bulk portfolios via specialist online platforms and exchanges. Where you have acquired my alleged account as part of a block purchase of accounts or “data portfolios”, the mere fact of bulk acquisition does not, by itself, evidence a valid legal assignment of my specific alleged account.

A Notice of Assignment or a generic statement that you have purchased a portfolio is not a substitute for a legally executed deed signed by or on behalf of the assignor that actually evidences assignment of the specific account you seek to enforce. To assign a debt at law, the deed must be executed in accordance with s.1 LP(MP)A 1989 by or on behalf of the assignor, and the assigned chose in action must be identifiable.

Where you rely on a portfolio purchase, any Deed of Assignment and/or schedules you disclose must therefore clearly show the specific reference numbers, internal IDs or other identifiers by which my alleged account can be linked to that portfolio. Any redaction that removes the very information needed to identify my account within the assigned block will be treated as non-compliance.

In addition, to the extent that you maintain the original creditor had a contractual right to assign or sell the alleged agreement to you or any other third party, you are required to identify and disclose the precise contractual term(s) on which you rely. This includes, without limitation, any provision headed “Assignment”, “Transfer of rights”, “Use of third parties”, “Disclosure to debt purchasers”, “Debt sale” or similar, and any clause which you say permitted the disclosure of my personal data to debt purchasers, collection agents or portfolio buyers.

If you contend that the original agreement expressly contemplated assignment or sale to a third party such as your organisation, you must show that clause in full. If you are unable to identify any such provision, please confirm this expressly, as the absence of clear contractual authorisation for assignment and data disclosure will be relied upon in support of my data protection, fairness and unfair relationship arguments.

Nonetheless, you have continued to demand payment, make settlement offers and threaten adverse consequences (including credit file impact) without proving that you have lawful standing or title to enforce any alleged debt.

On this basis, your standing to enforce or to process my data in reliance upon any alleged assignment is unproven.

As an FCA-regulated firm, you are bound by the FCA Handbook and the Principles for Businesses, including:

Principle 6 – to treat customers fairly;
Principle 7 – to ensure communications are clear, fair and not misleading.

Your conduct appears to contravene FCA CONC, including (without limitation):

failing to act fairly in post-contract conduct and arrears handling;
continuing collection and enforcement while the debt is clearly disputed and documentation is missing;
making statements about my credit worthiness and credit file that are potentially misleading and not supported by proven legal title or enforceability;
failing to ensure any credit file reporting is accurate, fair and reflective of dispute status.

Your breaches of FCA rules are directly relevant to my claims and will be reported to the FCA.

(D) Harassment, Workplace Contact & Misuse of Private Information

You have:

Contacted me at my place of employment without consent, justification or necessity. This has caused distress and embarrassment and was wholly inappropriate.
Continued to:

This conduct may amount to:

Harassment under the Protection from Harassment Act 1997; and
Misuse of private information and/or breach of confidence, particularly in respect of workplace contact and disclosure of disputed financial information via CRAs or to third parties.

For the avoidance of doubt, I require that all future communication from you be made in writing only (by post or email). I do not consent to contact by telephone, SMS, workplace contact or any form of social media.

(E) Equity – Clean Hands & Unconscionable Conduct

In addition to statutory and regulatory duties, your behaviour is subject to equitable principles. A party seeking enforcement must come before the court with clean hands, disclosing material facts and refraining from misleading, oppressive or unfair tactics.

Your conduct – including:

continuing to assert rights and threaten consequences without proving legal title;
withholding core documents such as the Deed of Assignment and the executed agreement;
persisting in adverse credit reporting of a disputed and unproven debt;
contacting my workplace –

is unconscionable and will be relied upon by me in support of any claim for equitable relief, injunctions and costs.

3. Outstanding Failures (Non-Exhaustive)

Despite multiple SARs and your opportunity to rectify matters, you have still not provided or explained:

A true copy of the executed Consumer Credit Agreement, including all prescribed terms and subsequent variations.
A full, unredacted, properly executed Deed of Assignment, compliant with s.136 LPA 1925 and s.1 LP(MP)A 1989, clearly identifying my account and evidencing legal title.
The specific contractual term(s) in the original agreement which you say entitled the original creditor to assign or sell the alleged debt to you (or any third party), and to disclose my personal data for that purpose, including any clauses headed “Assignment”, “Transfer of rights”, “Use of third parties”, “Disclosure to debt purchasers” or similar. If you are unable to identify such a provision, you must confirm this in writing.
A complete statement of account showing precisely how the alleged balance has been calculated.
A complete audit trail of data processing, including:
All internal logs, system notes, call recordings and correspondence, including communications with the original creditor and any third parties.
A full list of all third parties to whom my data has been disclosed or from whom it has been obtained, together with:
Your Legitimate Interest Assessment (LIA) relied upon for:
Any relevant Data Protection Impact Assessment (DPIA) relating to:
Full details of all credit reference agency entries and updates made in your name in relation to this alleged account, under headings such as “[FIRM NAME] [ACCOUNT TYPE]” or similar, including precise data reported and the legal basis for that reporting.

4. Unfair Relationship – Sections 140A–140C Consumer Credit Act 1974

For the avoidance of doubt, if you seek to rely on any alleged credit agreement in support of enforcement action, I will contend that the relationship between us is unfair within the meaning of sections 140A–140C Consumer Credit Act 1974.

In assessing fairness, the court is entitled to consider not only the terms of the agreement but also the way in which you have exercised your rights, including:

your failure to provide documentation;
your credit file reporting;
your use and misuse of my personal data;
your methods and frequency of contact, including workplace contact;
your reliance (if any) on bulk data purchases and incomplete or redacted documentation.

I reserve the right to seek all available relief under these provisions, including reduction or removal of any alleged liability, repayment of sums, and alteration of any terms said to apply.

5. Remedies I Intend to Seek

Given that my claims concern both equitable relief (clean hands, unconscionable conduct, injunctive and declaratory relief) and complex data protection issues under UK GDPR and the DPA 2018, I anticipate issuing proceedings in the Business and Property Courts (Chancery work) – whether in the High Court (Chancery Division) or in a County Court with Business & Property jurisdiction – where the judiciary is routinely seized of equity and data-driven claims.

Unless resolved as set out in Section 7 below, I intend to issue proceedings seeking, without limitation:

Declarations that:
Injunctive and equitable relief, including orders requiring you to:
Damages, including:
Interest and costs, including:

6. Application to Any Other Accounts / References Held by You

For the avoidance of doubt, all of the above complaints, obligations and demands apply not only to the above-referenced account, but to any and all other accounts, reference numbers, portfolio accounts or credit file entries which you hold, control or process in relation to me.

Accordingly, you must:

Treat this Letter Before Action and my earlier SARs as applying to all personal data you hold about me, not limited to a single reference number.
Disclose and rectify in accordance with UK GDPR and DPA 2018 any:
Ensure that the CCA, DOA, assignment clause(s), LIA, DPIA, internal logs, statements of account, third-party sharing lists and CRA reporting details you provide cover every such account and entry, not merely the specific account you have referenced.

If you contend that no other such accounts exist, you must confirm this expressly in writing.

7. Final Opportunity to Resolve – Pre-Action Conduct, Required Steps & Global Resolution

This Letter Before Action is intended to comply with the spirit and requirements of the Civil Procedure Rules and the relevant pre-action protocols, in particular the need to set out my position clearly and to give you a fair opportunity to respond before proceedings are started. If you believe any further information is required in order for you to respond substantively, please identify this in writing within 7 days.

Without prejudice to my rights and causes of action, I am prepared to give you a final opportunity to resolve these issues without court proceedings.

Within 14 days of receipt of this letter, you must:

Fully comply with your obligations under Article 15 UK GDPR and DPA 2018, by providing, in respect of all accounts and entries you hold in my name:
Rectify your processing and reporting, including:
Provide a written proposal setting out:
Alternative Global Resolution (Without Prejudice)In the alternative, and to avoid the need for litigation altogether, I am prepared to consider the matter fully resolved if, within the same 14-day period, you:

If you fail to provide a full and satisfactory response within 14 days, I will treat your silence or refusal as a final position and will proceed to issue a claim without further notice. In that event, I will also seek recovery of my legal costs (including any applicable fixed costs and disbursements) in addition to damages and interest.

8. Nature of This Correspondence & Status as Litigant in Person

For the avoidance of doubt, this letter is not a generic template. It has been prepared specifically in relation to your conduct, my data, and the alleged accounts you claim to hold.

I am a litigant in person, and I maintain and regularly consult an extensive legal library, including UK GDPR, the Data Protection Act 2018, the Consumer Credit Act 1974, the Civil Procedure Rules and relevant practice directions, together with commentary and case law. I also have access to legal support to assist in reviewing my position where necessary.

I have been dealing with multiple debt recovery agencies over a number of years, both in relation to my own affairs and in assisting others, and I take considerable care in researching and drafting all correspondence. I therefore expect any response you provide to engage properly with the specific statutory, regulatory and equitable issues raised in this letter, rather than relying on standardised or template replies.

For the further avoidance of doubt, I do not rely on so-called “freeman on the land” or similar pseudo-legal theories. My position is based on statute, regulation, equity and case law.

9. Estoppel, Reliance and Adverse Inferences

This Letter Before Action, together with my previous SARs and correspondence, sets out clearly the documents and information I require you to disclose, and gives you a fair and reasonable opportunity to provide them before proceedings are commenced.

If you fail to disclose any document, record or information now, and later seek to rely on it in any complaint process or court proceedings, I will contend that:

You should be estopped from doing so, or alternatively that you should be treated as having elected not to rely on such material when specifically invited to disclose it at the pre-action stage;
The court and/or relevant regulator should draw adverse inferences from your failure to disclose such material when first requested, including (but not limited to) an inference that:
Any late-disclosed documents should be given little or no evidential weight, and that any attempt to rely on them should be treated as unreasonable conduct and/or an abuse of process when costs are considered.

For the avoidance of doubt, I will invite the court and any relevant regulator (including the ICO, FCA and FOS) to take your pre-action conduct and disclosure failures fully into account when assessing credibility, fairness and liability.

10. Reservation of Rights

Nothing in this letter: