Tweet
Hi, I wonder if anyone out there can offer any advice? I'm currently experiencing the 'usual' Cabot/Restons nightmare. I won't go into too much detail here. But I defended a claim from Cabot in court back in Nov' 2014. The outcome was that a CCJ was issued against me, with the stipulation that it could only be enforced if Restons/Cabot provided me, by recorded delivery, a copy of the original CCA and a copy of the notice of assignment. This was to be delivered by 15th Dec'. On the 16th Dec' I received a letter from Cabot via 2nd class post telling me they couldn't produce either document and therefore they couldn't enforce the debt.
This morning I received a letter from the court informing me that they have given Cabot until 31st March to provide the agreement and assignment, and I also have to attend court on that date. I also received a a copy of a statement from Restons that states that they are having problems locating the original proof of debt, and because of this they are trying to get proof from the company that Cabot purchased the debt from. Which incidentally, wasn't the original creditor.
Is this even legal? It looks to me as though the district judge has just moved the goalposts for no quantifiable reason.
Also, and I'm not sure if I imagined this or not. Doesn't any proof of debt have to come from the original lender only?
Any advice, help or comments would be very welcome.
This morning I received a letter from the court informing me that they have given Cabot until 31st March to provide the agreement and assignment, and I also have to attend court on that date. I also received a a copy of a statement from Restons that states that they are having problems locating the original proof of debt, and because of this they are trying to get proof from the company that Cabot purchased the debt from. Which incidentally, wasn't the original creditor.
Is this even legal? It looks to me as though the district judge has just moved the goalposts for no quantifiable reason.
Also, and I'm not sure if I imagined this or not. Doesn't any proof of debt have to come from the original lender only?
Any advice, help or comments would be very welcome.
