Arrow Global 32 year old

[Diana M]

my thinking is an application to set aside judgement due to court papers being sent to wrong address. Draft Defence of Statute Barred due to no payments made to the claimant in the last six years and default in 2010.

If the OP's wife didn't have an account in the first place, how can she plead it's Statute Barred in a Defence?

"At the time we both early 20s and would never have even had a credit card" That's why we suspect either fraud or another person.

Di

[jaguarsuk]

If the OP's wife didn't have an account in the first place, how can she plead it's Statute Barred in a Defence?

Di

My thinking was that's the quickest way to get rid of the CCJ and prevent any other action.

Someone had an account in her name, I'd doubt the credit agreement has survived since 1985 to prove it wasn't her signature and the claimant are going to maintain that she had what ever this debt is obviously to try to enforce their judgement.

[warwick65]

Hi

Just my twopenneth

If the default was Oct 16 and the CCJ was also Oct 16 then it is likely the claim was issued sometime in Sept 2016 - very roughly. As , rightly or wrongly, courts seem to be taking the view that limitations start as of the date of default then saying its SB is probably a non starter and if this was the only argument in your draft defence its likely to not look good.


However, moving on from that
The first thing you need to find out is the exact details of the claim

How much is the CCJ for?

If this is a substantial amount it may well be worth getting some free legal advice

I think you were asked why you think its fraud,

fraud on whose part?

Did someone get credit under your wife name ?

Or is this possibly a mistake with them getting a CCJ from against your wife for someone who they believed was your wife - if you see what I mean

Lots of ifs and buts I know

Diana M is your woman for help

[Diana M]

My thinking was that's the quickest way to get rid of the CCJ and prevent any other action.

Someone had an account in her name, I'd doubt the credit agreement has survived since 1985 to prove it wasn't her signature and the claimant are going to maintain that she had what ever this debt is obviously to try to enforce their judgement.

The OP has said he was told by Arrow that the account was defaulted in October 2010 (no exact date posted). He has also said that the CCJ was in October 2016 (no exact date posted). There would need to be a minimum of 19 days from the claim Issue Date to the Default Judgment so it's possible that the Claimant issued the claim in the nick of time to beat the SB clock. Exact dates will be relevant.

The Default date isn't necessarily the Cause of Action for SB purposes. If the account holder (not the OP's wife) continued to make payments under a DMP or simply one random payment after the account was defaulted, then the SB clock would run from the last payment which was after the Default date.

Di

[warwick65]

My thinking was that's the quickest way to get rid of the CCJ and prevent any other action.

Someone had an account in her name, I'd doubt the credit agreement has survived since 1985 to prove it wasn't her signature and the claimant are going to maintain that she had what ever this debt is obviously to try to enforce their judgement.

I don't want to put a spanner in the works but I think, it was 1985 when the Consumer Credit (Agreements) Regulations 1983 (SI/1983/15530 came into force. It was this little regulation that provided the prescribed terms and probably gave protection of S127(3) . I do know 1985 was the date when the whole 'game' changed just as it did 22 years later in April 2007

[Amethyst]

Do you know who the original creditor was / what the original debt was according to Arrow?
You will need to get copies of the claim and judgment order if possible from either Arrow or the Court ( Northampton County Court Business Centre is most likely where the judgment was awarded ) and then write to Arrow to ask them to consent to a set aside.

If sounds like it may well be a mix up in identity as per when you applied for your mortgage, that and the claim being issued to an address over 10years old, you should have a decent case to set this judgment aside and show you have a reasonable chance of defending the claim.

Once you know the original creditor you can send them a subject access request to see if they still hold any information at all. It may well be that you can't pass identity checks which would go on to assist in defending the claim. But, you do need to get the application to set aside in promptly, so soon as you have the info, ask Arrow in writing to agree to set aside and then file your application - details to help -> Set Aside Application

[Renegade128]

up date and Help

Court date set but have received a letter from Retsons making various claims about the money owed (My wife doesn't)
Their main comment apart form the debt is about the address,they apparently checked Experian in 2016 which confirmed our address
However, Experian itself has our correct current address from 2014 so CPR13.2 I believe is enough to get it set a side.
My question is Do we need to respond as a court date set?

Thank you