Cabot - Incorrect name of creditor?

[Css062023]

Hi,

New here so hopefully I've posted in the correct place.

I've been getting letters in my name from Cabot financial regarding a debt with the name of the creditor being 'NewPay Mastercard - Credit Card'.

I've told them that I have never had any contract or dealings with that company and also requested a copy of the original credit agreement back at the beginning of December 2022.

Today I received a letter from Cabot Financial including a credit agreement from a company called 'Newday Ltd', part of AO Retail Limited of which I am aware that I do have a outstanding debt with.

The problem is that they have never once mentioned 'NewDay' and is a totally separate company to 'NewPay'.

Would this be acceptable if they was to apply for a CCJ? Or do I really need to do there job and point out that they are different companies?

Any advice would be greatly appreciated as I'm not sure where I stand legally.

Thanks.

[echat11]

Hi CSS

Welcome to LB

Any credit through AO is through New Day, so the documentation you received is correct so far as who the debt is owed too.

https://ao.com/help-and-advice/finan...ay-eligibility

Cabot Financial has been 'sloppy' with their administration and made a error, as it should be New Day, not New Pay.

You are a long way from a CCJ as you've not received a Court claim yet, so some 'hoops' for New Day / Cabot to jump through.

[Css062023]

Thanks for your reply.

So considering there has been no reference to New Day up until I received the credit agreement, can they get a CCJ still? As they are emailing me claiming they will be passing my account over to there solicitors in 14 days for legal action.

I have previously pointed out to them that I have no knowledge of NewPay.

Really don't know where I stand and would appreciate any help. Ty.

[echat11]

Thanks for your reply.

So considering there has been no reference to New Day up until I received the credit agreement, can they get a CCJ still? As they are emailing me claiming they will be passing my account over to there solicitors in 14 days for legal action.

I have previously pointed out to them that I have no knowledge of NewPay.

Really don't know where I stand and would appreciate any help. Ty.

Wait to see what they do, these DCA's say all sorts of stuff, post up what they send, it will more then likely be a Letter Before Action, with a I & E form.

[Css062023]

Hi, thanks for your reply.

I have since received a letter before claim from Mortimer Clarke Solicitors, who I have replied to (admittedly a few days late) admitting that I owe the balance however Royal mail has not delivered it.

Now I have had a letter today with a CCJ claim that also incudes court costs and Solicitors costs totalling £140 extra.

Is there any way I can get these fees waived? Or do I just need to accept the fact that I have to pay this now?

Would it be worth submitting a defence with my. Initial concerns of the name being incorrect and something I've never heard of until I requested the original credit agreement?

Appreciate any replies.

[echat11]

O.K. so you've now received a Court Claim, NOT a 'Now I have had a letter today with a CCJ claim'

There is no loss in defending it, at the very least you'll have an opportunity of Mediation.
Copy / Paste the following back to this thread, remove all personal details -

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:

[Css062023]

Thank you for your reply.

Received a claim?: Yes
Issue Date: 19/06/2023
Have you Acknowledged the Claim?: Yes, filled out N9A
Total Amount Claimed : Approx. £850
Claimant’s Name: Cabot Financial (UK) Limited
Solicitors Firm: Mortimer Clarke Solicitors
Original Creditor: NewDay (or NewPay?)
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Account
Particulars of Claim: 'By an agreement between NewDay RE NewPay & the Defendant with a credit card. The Defendant failed to make the minimum payments due. The agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as serving agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. THE NAMED CLAIMANT THEREFORE CLAIMS 1. 850 2. Costs'
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):Not statue barred.
List any letters you have sent (eg: CCA/ CPR ): Filled out the admission form (N9A)
Any Other Information or Background Details:
I had previously emailed Cabot financial to say that I have no knowledge of the company 'NewPay' however they continued to contact me and ignored what I was trying to tell them. I have previously had dealings with a company called NEWDAY that was in default but they never mentioned this until I requested the original credit agreement. This was the first time they referenced the company NewDay. I also never had a credit card from them only a balance online that I could use to make purchases online.

I have since had a acknowledgment via email from Mortimer Clarke Solicitors for my admission form but they have added on £55 to the balance for some reason. Is this allowed considering the claim form was less?

In there reply they have said that they have requested the court enter judgement based on the information I provided. Can anyone tell me what this means?

I appreciate any assistance.

[echat11]

a) I have since had a acknowledgment via email from Mortimer Clarke Solicitors for my admission form but they have added on £55 to the balance for some reason. Is this allowed considering the claim form was less?

When you say admission form, what do you mean?

b) In there reply they have said that they have requested the court enter judgement based on the information I provided. Can anyone tell me what this means?

The only thing you have done so far, is Acknowledge of Service of the debt, what were your responses? You 'deny all', as you are defending the whole claim.

[Css062023]

I filled out the admission form N9A that was included in the claim form that was sent to me.

I decided to do this as I thought it would avoid a CCJ but that doesn't appear to be the case plus I wouldn't know where to start if I was to have defended it.

[echat11]

a) Just to clarify, so did you admit all or part of a claim, and make an offer to pay, which one?

b) I decided to do this as I thought it would avoid a CCJ but that doesn't appear to be the case plus I wouldn't know where to start if I was to have defended it.

We can help you defend it, there's even an example defence on the site. As I said you are a long way from a CCJ.


There is a cost attached to making an Application to amend - Amendment or withdrawal of an acknowledgment of service

10.6

(1) An acknowledgment of service may be amended or withdrawn only with the permission of the court.

(2) An application for permission under paragraph (1) must be made in accordance with Part 23 and supported by evidence .”

What you could do is agree a monthly payment to settle the matter. Fill in an income and expenditure form. Take account of the 'Cost of living' crisis, energy, food etc. If it's £1 a month so be it.

[Css062023]

I got a claim form from the county cort business centre and I replied admitting all of the claim and proposed to pay £20 monthly. I also filled out the I&E form with it.

Mortimer Clarke Solicitors have acknowledged my reply and have said that they have requested the court to enter judgement based on the information I provided.

I thought this was the final step before a CCJ is issued. Please excuse my lack of knowledge!

I appreciate your help and replies.

[echat11]

I got a claim form from the county cort business centre and I replied admitting all of the claim and proposed to pay £20 monthly. I also filled out the I&E form with it.

Mortimer Clarke Solicitors have acknowledged my reply and have said that they have requested the court to enter judgement based on the information I provided.

I thought this was the final step before a CCJ is issued. Please excuse my lack of knowledge!

I appreciate your help and replies.

O.K. so what will happen is that there will be a Judgement made against you without a Hearing, as you've admitting owing the money. No doubt the Claimant will be in touch regards the monthly payment arrangement of £20.

There is no CCJ because you responded to the claim.

[Css062023]

I see. They have stated that the court will be in contact with me in due corse.

In their reply they have also added £55 to the balance that already included the court fee and legal representative's costs. Surely they can't do that without a explanation?

[echat11]

I see. They have stated that the court will be in contact with me in due corse.

In their reply they have also added £55 to the balance that already included the court fee and legal representative's costs. Surely they can't do that without a explanation?

Lodge a formal complaint, follow their complaints procedure, it will be on their website, see where that takes you, update the thread.

[Css062023]

Will do just that thank you.

Should I ask why first or just go straight in with a complaint? Thanks again.