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Thread: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

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    dave798's Avatar

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    Default please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    hi all can somebody please help me because I am worried out of my mind and now enduring sleepless nights because of it. the facts of the case are this. in March 2012 I was issued with a CCJ from Northampton court in relation to a debt of £4400 that was initially owed to RBS but was chased by Arrow Global Guernsey. I have heard very little from arrow and any mail that did arrive was swiftly torn up by my other half and thrown in the bin. last week I received a text message from Shoosmiths asking me to respond quoting a reference number (which I didn't) I have now received a letter with an attachment of earnings which they want me to fill in. They state in their letter (Shoosmiths) that their client (Arrow Global) wants to agree an affordable repayment plan and has the option to pursue enforcement action which may include: Application for an attachment of earnings or Application for a warrant of control or Application for a charge on my property. I cannot afford any repayments and I am worried bailiffs will turn up at my door and start taking my things away. can anybody please help me out with any advice as I am at my wits end worrying that I will never be rid of these blood sucking leeches. Can anybody tell me my best next course of action please.
    Sincerely

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    dave798's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    i dont think this is in the right place can somebody move it to where it may get a reply please

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    Hi Dave
    There is a saying you can't get blood out of a stone

    So the CCJ was in 2012. it looks like they are trying to get things moving before the 6 years are up

    Do you own your own home and if so is it in your name only?

    I think it unlikely they would instruct bailiffs on such a debt but I am no expert
    @Amethyst @Diana M

    @ kati could you move this somewhere appropriate and maybe tag anyone else who is knowledgeable on CCJs

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    dave798's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    Quote Originally Posted by warwick65 View Post
    Hi Dave
    There is a saying you can't get blood out of a stone

    So the CCJ was in 2012. it looks like they are trying to get things moving before the 6 years are up

    Do you own your own home and if so is it in your name only?

    I think it unlikely they would instruct bailiffs on such a debt but I am no expert
    @Amethyst @Diana M

    @ kati could you move this somewhere appropriate and maybe tag anyone else who is knowledgeable on CCJs
    thanks for the reply Warwick its just that I watch them bailiff programs and fear it will happen to me

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    Debt Camel's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    Can you give some more information about your circumstances?

    Are you working? Are you renting or buying? Do you have other debts that you are repaying? Other debts that you are hoping will go away?

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    dave798's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    Quote Originally Posted by Debt Camel View Post
    Can you give some more information about your circumstances?

    Are you working? Are you renting or buying? Do you have other debts that you are repaying? Other debts that you are hoping will go away?
    I am working I live with my wife we are renting there are no other debts beside usual living expenses etc

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    OK so you just have this debt to deal with and a charging order isn't going to be a problem.

    I have no idea why @warwick65 thinks bailiffs wouldn't be instructed - what do you think they are going to do, just forget about this debt?

    Either bailiffs or an attanchment of earnings is possible. Bailiffs is more of a problem if you own a car?

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    dave798's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    what is a charging order sorry I do not understand all the legal jargon bailiffs cannot take car it is financed in my brothers name and most large electrical goods in house are in wifes name yes have the paperwork to prove it. so i can expect a knock at the door from @cant pay we will take it away' tv stars?

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    Quote Originally Posted by Debt Camel View Post
    OK so you just have this debt to deal with and a charging order isn't going to be a problem.

    I have no idea why @warwick65 thinks bailiffs wouldn't be instructed - what do you think they are going to do, just forget about this debt?

    Either bailiffs or an attanchment of earnings is possible. Bailiffs is more of a problem if you own a car?
    My rational behind thinking bailiffs were unlikely was that it appeared the OP had little in the way of assets and the debt was relatively large, if it had been a smaller debt I would have thought bailiffs more likely.

    I hesitate to suggest it but if the OP is on a low income they may want to make a notional offer that is affordable. If this is the path that is followed the I&E needs completing very carefully so that all expenses are justified and reasonable and every allowable expense is used however that needs very careful consideration.

    What i think needs to be avoided is for the creditor to go back to court to get enforcement powers

    Dave, a charging order is when you own your own house, the creditor gets an order on your property so that when it is sold they collect their money ( assuming there is enough left after paying first charges such as mortgages)

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    A charging order, in English law, is an order obtained from a court or judge by a judgment creditor, by which the property of the judgment debtor in any stocks or funds or land stands charged with the payment of the amount for which judgment shall have been recovered, with interest and costs.

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    but i dont have any property and will the CCJ still be removed after the 6 years or will it stay in my credit file? what can I expect to come through the letterbox next as I am due to go in hospital soon and all this stress is adding to the worry

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    CCJ falls off after the six years

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    Quote Originally Posted by dave798 View Post
    but i dont have any property and will the CCJ still be removed after the 6 years or will it stay in my credit file? what can I expect to come through the letterbox next as I am due to go in hospital soon and all this stress is adding to the worry
    The CCJ will come off credit file 6 years after the date of judgment after 6 years the claimant might have problems enforcing the debt.
    The high value of the debt may lead the claimant pursuing more robustly.
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    dave798's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    but this is my argument I have no disposable income and have no means to repay the debt

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    no property = no charging order

    Income from working could after assessment lead to attachment of earnings etc only after/if any surplus they find to needs.?? has been known if I remember correct that £1.00 a week/month has been done as per court order?

    seems to me they are pushing due to the amount involved, sick Debt collection system in this country, they pay next to nothing for an alledged debt and want to make 1,000ssssssssss out of it. Proves Lame government we have and all they are interested in is money.

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    Diana M's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    Quote Originally Posted by dave798 View Post
    I have now received a letter with an attachment of earnings which they want me to fill in. They state in their letter (Shoosmiths) that their client (Arrow Global) wants to agree an affordable repayment plan and has the option to pursue enforcement action
    i expect the letter you've received enclosed an Income and Expenditure Form for you to complete not an"attachment of earnings" which would be a court Order.

    It has understandably scared you since that letter listed all of their client's enforcement options for this CCJ.

    Having read your your first post I can't see a way for you to succeed in any set-aside application since it appears the reason you have the CCJ is either because you didn't file an Acknowledgement of Service or Defence so obtained a Default Judgment (CCJ), or it went to Trial and you lost.

    The third reason could could be because you never received the claim form (or subsequent Judgment Order) because your wife destroyed the mail before you received it. However you'll have a hard time convincing a DJ of that fact especially five years later when there are strict rules about the timescale for making applications.

    Sadly it seems you may have to face the music with this CCJ and come to some 'amicable' arrangement even if it's only token payments each month. I hate the thought of anyone having to pay a debt purchaser but the time to fight this was when the claim was issued in 2012 so I fear you've missed that opportunity.

    If you do nothing then I would expect them to pursue formal enforcement at some point. Since you don't own a property or have any assets then a Charging Order is not relevant. Since you are employed they may consider an Application for an Attachment of Earnings.

    The good news is you say youhave no others debts to haunt you and hopefully you can sort this one by keeping line of communication open.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    dave798's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    so what kind of letter can I expect to arrive next?

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    Quote Originally Posted by dave798 View Post
    so what kind of letter can I expect to arrive next?
    That depends if you ignore the one you have!

    You have various sensible options but ignoring this letter is not one of them:

    1) send the completed income & expenditure details back to the creditor and make an offer to pay £5 a month or something. You could also say you are going into hospital and attach a copy of some hospital letter confirming this. And point out you have no assests and don't own a car.

    2) make them a full & final settlement offer if a relative could supply the money for this.

    3) consider a Debt Relief Order. This feels a bit extreme if you only have this one problem debt and it would wreck your credit rating for another 6 years but it would get rid of this debt and the worry completely.

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    dave798's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    1. is there anywhere I can download a copy of income and expenditure form as the only one they sent is sellotaped in 4 places (recovered from bin after wife torn it up)?
    2. will they accept £5 per month?
    3. will this stay on my credit file till it is paid up?
    4. if I could borrow the money from a relative what is the lowest they would accept in full and final payment?
    a debt relief order is completely out of the question as I do not want another 6 years without credit worthiness

    btw
    thank you sincerely for all your advice

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    nemesis45's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    How did Arrow get judgment, by default (not acknowledging claim) or not entering a defence at all, or you lost in court?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
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    dave798's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    by default I assume because first I knew about it was checking credit file

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    1. I am sure they would happily send you another one. or you could use the one here: https://www.stepchange.org/debt-info...statement.aspx which can be downloaded to a spreadsheet if you prefer.

    2. You need to offer what the I&E says you have avaialable. I just said £5 as you were suggesting you couldn't afford to pay anything.

    3. no, the CCJ will drop off after 6 years whatever you do. This doesn't mean it expires, CCJs never do,

    4. depends on what your I&E shows and what your state of health is. If your I&E shows you can afford very little, i would be thinking of perhaps 20%.

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    Quote Originally Posted by dave798 View Post
    by default I assume because first I knew about it was checking credit file
    Ok had you moved home ?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    dave798's Avatar

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    had moved home had a mental breakdown and split temporarily from wife who unfortunately slung anything and everything to do with me in the bin either my possessions and/or any mail that came through the letterbox
    Last edited by dave798; 15th April 2017 at 12:02:PM. Reason: spelling

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    Default Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

    Quote Originally Posted by dave798 View Post
    by default I assume because first I knew about it was checking credit file
    When was that (what month/year)?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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