Ccj - arrow global

[kayleighknott]

Hi, I wonder if anybody could help me....
I opended an HSBC overdraft in 1997
I owed around £100 and missed payments due to falling pregnant and going to benifits around 2007.
A devolt notice was then serve 12 years later, which i knew nothing about.
Then a "ghost payment" was made of £10 around 2012 (arrow cannot tell me this date)
I was then served court papers in 2016 (which i did not receive). I do now have a copy of the judgement.
So I emailed Restons who act on behalf of Arrow with the following email;

I have recently contacted you regarding and alleged payment made on this account.
I am certain I have made NO payment towards this account at any time. So I will require you to forward proof of this payment to me. I will require full details on how this payment was made, if this payment was made by card, I will also require the name registered to the card and any other details relating to this.
If this payment was made by bank transfer or Direct Debit, I will require you to forward on proof of the account name, account number and sort code this alleged payment was made from.

Thank you for your further assistance in this matter and I look forward to hearing from you in a timely manner.

If I do not hear from you within 14 days of this email, I will assume you cannot provide the required proof of payment and I will continue to treat this account to be Statute Barred.


I then received back lots of Jargon and complete ignorance to my email. (please see below)

We acknowledge receipt of your recent correspondence.
We were instructed in relation to this matter on 16 March, 2016. Our Client confirms that the contract
was taken out on or around 15 October, 1997, the default notice was served on or around 24 March,
2009, and the last payment of £10.00 was received on or around 5 April, 2012. Furthermore, a County
Court Judgment has since been against you on 26 August, 2016, which determines your liability for this
debt. As such, it is our Client's position that this debt is not statute barred.
Further to the above, as your liability has been determined by the Court, we are under no obligation to
provide you with the evidence you have requested.
We now require your proposals towards this debt. As such, please complete and return the attached
financial statement by no later than 18 December, 2017. Alternatively, you can complete this on our
website at www.restons.co.uk.
If you are unsure of your legal position and are not already doing so, we would suggest that you seek your
own independent legal advice.
Please note that there is a live Warrant of Control in this case. This will remain live until we have come to
an amicable arrangement, and the first payment of this arrangement has been received.

Any advice at all would be appreciated on this.
I dont want a CCJ.
I would prefer not to pay £270ish pound to request set aside if I dont have to as I am not in work and will not get any funding towards that.

Thanks so much in advance for your help x

[jaguarsuk]

You may get fee remission if you are eligible for the set aside application, more info here: https://www.gov.uk/get-help-with-court-fees

The only way to fight this is an application to set aside, but in doing so you need to show that your defence has a reasonable chance of succeeding. They aren't going to tell you the information you want because if they do and you can prove you didn't make that payment they know they have a set aside on their hands.

Who were you banking with on 12th April 2012? Before applying for fee remission or any of that get a copy of bank statements.

Additionally send a SAR to Arrow to see what they have got, it'll cost £10 and they have to then provide you with information. Anticipate that they will ask you to verify your identity and so state that the address they have on file in the letter is the one on the court papers as well as tell them your date of birth. They don't need to know your current address as they don't have that and it will not identify you to them, so if that's what they ask for tell them that.

There is a warrant of control live and I assume they currently haven't a clue where you live otherwise they would have executed it, so sign up for a po box address here: https://www.ukpostbox.com/

You can use a Pay As You Go option and that way they can't send the bailiffs to turn the screws while you investigate this. It's not extortionate to forward on or have scanned in for digital use what is sent to it.

The SAR may hold clues as to what type of payment it is and where it came from, you'll then be able to determine how you can prove you didn't make it.

[kayleighknott]

Thank you so much for your help.

Im not eligable for help with the set aside unfortunatly.

I can get all my bank statements for around that time, that is no issue.
I will send the SAR as adviced thankyou very much for that.

The baliff is being really helpful as he works for the courts and not Restons. He said he sees this all the time and was actully the one who suggested that Arrow made the payment to themselves.

I will send the SAR immediatly threw email receipt.

I really appreciate you taking your time to help me with this

[Diana M]

Then a "ghost payment" was made of £10 around 2012 (arrow cannot tell me this date) I was then served court papers in 2016 I was then served court papers in 2016 (which i did not receive). I do now have a copy of the judgement.

Why didn't you receive the claim form, such as served on an address where you weren't living at the time?

When and how did you first find out about the CCJ?

You say you now have a copy of the Default Judgment. Did you get that from NCCBC after asking them for a copy or from another source?

You also say you've previously asked Arrow for information about the HSBC payment allegedly made in 2012 but it's not clear exactly when you did that. Was it before or after the claim was issued in 2016?

Di

[jaguarsuk]

Thank you so much for your help.

Im not eligable for help with the set aside unfortunatly.

I can get all my bank statements for around that time, that is no issue.
I will send the SAR as adviced thankyou very much for that.

The baliff is being really helpful as he works for the courts and not Restons. He said he sees this all the time and was actully the one who suggested that Arrow made the payment to themselves.

I will send the SAR immediatly threw email receipt.

I really appreciate you taking your time to help me with this

The SAR has a statutory £10 fee, you'll need to send this by Cheque or Postal order to them. On it write "DPA 1998 STATUTORY FEE ONLY" very clearly as they can't then say you have paid them for anything and keep a photo copy of it. Let them know in the letter you have kept a copy as well, so they can't even think about trying to pull a fast one.

If the bailiff has your address and you're comfortable writing from your own address just crack on.

[R0b]

Hi Kayleigh,

If you don't mind me asking, if you are not working, on what grounds are you not eligible for the Help With Fees?

If you want to set aside the CCJ and you are not eligible for HWF then your only option is to make payment some way or another. Bear in mind that the courts expect you to make an application to set aside promptly after becoming aware of the situation. The longer you leave it, the more risk there is to you in in not getting the CCJ set aside.

If there is also a live Warrant of Control your application should also seek to stay the Warrant pending the outcome of the hearing (if the set aside is successful).

You might find the following link helpful in the meantime.

http://legalbeagles.info/forums/foru...tailed-version

[kayleighknott]

Why didn't you receive the claim form, such as served on an address where you weren't living at the time?

When and how did you first find out about the CCJ?

You say you now have a copy of the Default Judgment. Did you get that from NCCBC after asking them for a copy or from another source?

You also say you've previously asked Arrow for information about the HSBC payment allegedly made in 2012 but it's not clear exactly when you did that. Was it before or after the claim was issued in 2016?

Di

Thanks so much for your help

I was living at the same address but did not receive any correspondance.
The first I knew about this was when the Baliff contacted myself with a letter threw my door.
I now have a copy of the judgement as Money Skills (a debt support specialist in Bolton) requested for me.

I requested the information regarding the payment 4 weeks ago.

Hope this makes sense.

[kayleighknott]

Hi Kayleigh,

If you don't mind me asking, if you are not working, on what grounds are you not eligible for the Help With Fees?

If you want to set aside the CCJ and you are not eligible for HWF then your only option is to make payment some way or another. Bear in mind that the courts expect you to make an application to set aside promptly after becoming aware of the situation. The longer you leave it, the more risk there is to you in in not getting the CCJ set aside.

If there is also a live Warrant of Control your application should also seek to stay the Warrant pending the outcome of the hearing (if the set aside is successful).

You might find the following link helpful in the meantime.

http://legalbeagles.info/forums/foru...tailed-version

Im sorry if I was unclear... I am now working full time, therefore not elliable.

Thanks so much for that advice also its really helpful.