Cabot/New Day

[Rgy3250]

I am feeling rather emotional today to say the least so please be gentle.

I have a New Day debt which Cabot took over and I received court papers, I sent the letters to Cabot and New Day, following the guides on here and when nothing was received, I filed my Defence.

I don’t think the debt has yet been stayed and although I’ve still received nothing from Cabot, other than a letter a few weeks ago saying that they intended to proceed, New Day have now sent my a parcel full of every statement, every letter, my credit agreement which gives the terms and then signed by Customer Signature and is dated. It also has a signature from them and my IP address. This looks legit.

I honestly don’t know whether this is enough for them to proceed now, if I should be going back and asking for anything else from Cabot now New Day have sent so much. ND did say that this only relates to the time before Cabot took it on, so they haven’t provided any Cabot paperwork. Do I need Cabot to provide something as well or can they proceed with what has been sent?

If they are going to proceed, what would happen next? I literally have no idea of the process and that is making me really anxious. I would really like to avoid a CCJ so is there anything I could do if they do proceed or is it all too late for that? I’ve read something mediation - is this always over the phone or could I write to them with a payment proposal? I really don’t deal well with things on the phone and get nervous, especially serious things like this.

Any help would be much appreciated. I woke up feeling today was going to be a day to recharge after a really crap week at work and now I feel on the verge of tears.

Thank you.

[MIKE770]

echat11 probably be able to assist you.

[MIKE770]

when did you take it out? Default date? letter before action did you receive?

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[echat11]

You've received a Court Claim, you've requested documents, you've submitted a Defence, they have 28 days to respond, you say they have written to say they will proceed, is this correct?

You need to check the agreement they sent, has the agreement been 'varied' i.e. Terms and Conditions, APR etc?

a) If they are going to proceed, what would happen next?

The Court will send you and the Claimant a Directions Questionnaire, it will ask if you want Mediation etc. You fill it in, send a copy to the Court and Claimant. Make sure you get Proof of Postage.

b) I would really like to avoid a CCJ so is there anything I could do if they do proceed or is it all too late for that?

You are a long way from a CCJ, there are steps a Claimant has to take. Things you can do, you have Mediation, arrange a monthly payment, make offers etc.

c) I’ve read something mediation - is this always over the phone or could I write to them with a payment proposal?

Over the phone, but you are negotiating, it is straight forward, you can read from notes etc.

d) I really don’t deal well with things on the phone and get nervous, especially serious things like this.

Do stay calm. As above.