Hi, I'm hoping somebody can advise me please.
I had three debts all over 15 years old which over the years were sold off several times to different debt collectors. I was paying them each £5 a month as per the agreement with my original creditors. In March 2020 I stopped paying due to losing my job (I'm on Universal Credit now due to the pandemic) and send the three step letter process to all the three debt collectors. Lowell came back saying they could not prove the debt was mine and close the file. Capquest and Cabot continued to chase me. Three months ago I sent letters to Cabot and Capqest asking for:
Documents relative to where the debt has been sold, copies of letters from original creditor stating that, plus letters from the current creditor stating that.
Capquest have not replied for the last 3 months but Cabot Financial have continued to ignore my letters and have now threatened me that since they have not heard from me (which is not true considering I have sent them 6 letters - with proof of posting and all have been ignored) they have now referred my account to their solicitors Restons Solicitors who will be in touch with me in the next 7 days.
What action can in take right now.
I had three debts all over 15 years old which over the years were sold off several times to different debt collectors. I was paying them each £5 a month as per the agreement with my original creditors. In March 2020 I stopped paying due to losing my job (I'm on Universal Credit now due to the pandemic) and send the three step letter process to all the three debt collectors. Lowell came back saying they could not prove the debt was mine and close the file. Capquest and Cabot continued to chase me. Three months ago I sent letters to Cabot and Capqest asking for:
- 1) The original instrument of indebtedness, or proof that said instrument still exists.
- 2) Either of the following:
- a) If this is a demand for payment under the Bill of Exchange Act 1882, copies of any bi-lateral or tri-lateral contracts which create obligations on each party to perform, including any delegated Instrument of Novation, signed and sealed in a tripartite contract and a signed invoice in accordance with said act OR
- b) If this is an assignment of a legal thing in action under the Law of Property Act 1925, a Deed of Assignment (not a notice of assignment). This should be executed as a Deed, granted by the grantor or original creditor and endorsed by instrumentary witnesses in solemn form.
- 3) All notices of assignment.
- 4) The default warning letter.
- 5) The default notice.
- 6) Termination Notice.
- 7) The exact amount that you have paid for this alleged debt.
- 8) Please state if you are relying a Legal or an Equitable Assignment in this case.
Documents relative to where the debt has been sold, copies of letters from original creditor stating that, plus letters from the current creditor stating that.
Capquest have not replied for the last 3 months but Cabot Financial have continued to ignore my letters and have now threatened me that since they have not heard from me (which is not true considering I have sent them 6 letters - with proof of posting and all have been ignored) they have now referred my account to their solicitors Restons Solicitors who will be in touch with me in the next 7 days.
What action can in take right now.
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