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CCJ Received From Restons Solicitors (Re: Arrow Global Ltd)

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  • CCJ Received From Restons Solicitors (Re: Arrow Global Ltd)

    Hi there,

    I received a County Court Judgement from a company called 'Restons Solicitors', dated Tuesday May 29th 2018.

    Unfortunately, due to my current domestic & health situation I only came across and opened the letter / judgement a few days ago, on Weds 27th June 2018. The alleged debt is in respect of a company called Arrow Global Ltd (with the Original Creditor being Egg - Loan), and is for the amount of allegedly £1,205.27. This is the first time I've known about this company 'Arrow Global Ltd'. Although I am aware of having taken out an Egg Loan in the past, which was over 16 years ago, I vaguely remember the loan amount being for something like £500, and as far as I remember most of it was paid off (it was a 7-year loan as far as I remember). I did admittedly run into a few financial issues a few years later on due to my divorce, so the remainder was paid off through reduced monthly (interest free payments), after a reduced settlement figure was agreed (with a different DCA at the time). So, to recently receive a County Court Judgement out of the blue has come as something of a shock! But one thing I can certainly say is that I don't acknowledge the sum of money allegedly being claimed for by Restons Solictors!

    I suffer from severe depression, severe anxiety and BPD, so this situation isn't exactly helping my state of mind right now, and has raised my anxiety quite a bit. I haven't been feeling well for some time in this respect, and have been very low due partly to many medication changes. I'm also quite ill at the moment with abdominal issues, so I'm quite lethargic and nauseous most of the time. So, I haven't really been feeling overwhelmed for some time and unable to cope with things, and it's not unusual for mail to go unopened for up to 4 weeks. I apologise in advance for posting this part, so I will kind of put a 'trigger warning' (mental health wise). My daughter suffers from mental health issues.. It is kind of hard to write this but I feel that it will help to put things into perspective as to why this CCJ has also come at a particularly bad time. My daughter sadly attempted to take her own life only 3 days ago. She is thankfully fine now with lasting physical injuries, but will have to wait weeks to get the help she deserves unfortunately. This has had a further profound effect on myself and, although I feel further unable to cope with things right now I realise this CCJ matter won't go away.

    Further to this, in the letter they're asking for financial details (I &E), and failure to respond by the 5th June 2018 to provide realistic repayment proposals for a debt I frankly refuse to acknowledge will result in further action. They emphasise that they have a 'Warrant Of Control' by way of this Judgement, which entitles them to recover the sum from me, or put a levy on goods to the value of the Warrant! This is admittedly the part that worries me the most. As can be seen due to my current circumstances it hasn't been easy, hence why the correspondence from Restons Solictors has been overlooked. Worryingly, there was a knock on my front door at 4pm this afternoon. I didn't answer the door, after I looked through the peep hole, as I could see an official with a clipboard who ominously looked like a bailiff... and he repeatedly kept asking for 'Mr Preece' for about 2 minutes, before walking away. The last thing I need right now is having to deal with weasels like him, for a debt I really know nothing about and have had little chance to even defend... given the circumstances.

    I would be most grateful for some advice / help with this please as to the best way forward in dealing with this. If any more info / details are required I am more than happy to post these.

    Many thanks in advance,
    Tags: None

  • #2
    I have bumped this for you, and hopefully someone can advise you.

    https://actionon.org.uk/assets/files/vulnerable.pdf
    Last edited by Setmefree3; 1st July 2018, 07:45:AM.

    Comment


    • #3
      Hi WORD2THEWISE,

      When was your last known payment for this debt?

      It sounds to me you could have this judgement set aside on the grounds of the debt being statute barred.

      Do you still have a copy of the agreement?

      Have you actually had a warrant of control issued?

      Unfortunately you've missed the 30 day period you get to defend through moneyclaim website, it will mean you'll need to spend £255 to have the judgement set aside (I'd be happy to talk you through how to complete this as I've just gone through the same with Lowell).

      Comment


      • #4
        Set Aside Application CCA Request if needed

        Comment


        • #5
          Originally posted by Setmefree3 View Post
          I have bumped this for you, and hopefully someone can advise you.

          https://actionon.org.uk/assets/files/vulnerable.pdf
          Hi there,

          Many thanks for your reply and for bumping my post, and also for the useful template letter too. It is much appreciated, :-)

          Comment


          • #6
            Originally posted by MIKE770 View Post
            Hi there, many thanks for the info, it's much appreciated. Is there a default template letter I could find on here, which I could use to send to Restons Solicitors, when initially contacting them to request that they set aside the Default Judgment.under CPR 13.3? I am registered disabled and currently claim benefits, so if my request is refused my understanding (from the attached document) is that I maybe exempt from the court fess if I should need to progress matters? TIA

            Comment


            • #7
              Originally posted by sj1988 View Post
              Hi WORD2THEWISE,

              When was your last known payment for this debt?

              It sounds to me you could have this judgement set aside on the grounds of the debt being statute barred.

              Do you still have a copy of the agreement?

              Have you actually had a warrant of control issued?

              Unfortunately you've missed the 30 day period you get to defend through moneyclaim website, it will mean you'll need to spend £255 to have the judgement set aside (I'd be happy to talk you through how to complete this as I've just gone through the same with Lowell).

              Hi there,

              The Egg Loan was taken out so long ago, i.e. about 16 years ago, that I can only guess that the last payment made to the original DCA who dealt with this (Fredrickson) was about 2012 I think... it was a fair time ago. It was such a long time ago, and I do remember that the payments stopped being taken from my bank account... so I had assumed that the balance had been settled in full (bearing in mind I had been paying this DCA for about 7 years).

              A Warrant Of Control hasn't been issued as yet, no... but I have feeling that the guy who called on Saturday was a bailiff acting on behalf of Restons Solicitors. I didn't answer the door though, but I have feeling he will back soon. :-/ I've just checked a link a fellow member kindly posted up, and fortunately as I am registered disabled and in receipt of benefits it looks as though I maybe exempt from the Court Fees to request having the judgement set aside. I've had several dealings with Lowell over the past few years (sigh), so you have my sympathies. Would it be worth requesting prior to making an official claim, making a request in writing to Restons to have the judgement set aside? Or would this be a waste of time, and perhaps I should just cut to the chase and immediately make an official Court Claim to have the judgement set aside? Many thanks in advance

              Comment


              • #8
                I'd get the application to set aside and suspend any enforcement in to the court asap with a copy to Restons. The alternative would be to complete the IE to sort out paying the judgment or apply to the court for redetermination so payments are set by the court, however as you had nothing prior to receiving this judgment a set aside seems the obvious option - particularly if you are eligible for fee remission.

                Have you contacted the court to get a copy of the original claim ? Was it issued to your current address or an old address ?

                Get SARs sent off to the DCA you previously agreed the reduced settlement and were paying for 7 years, and another SAR off to Egg ( Barclaycard/Barclays now? ) to gather more information ready for later defence or negotiating settlement.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Originally posted by Word2TheWise View Post




                  A Warrant Of Control hasn't been issued as yet, no... but I have feeling that the guy who called on Saturday was a bailiff acting on behalf of Restons Solicitors. I didn't answer the door though, but I have feeling he will back soon. :-/ I've just checked a link a fellow member kindly posted up, and fortunately as I am registered disabled and in receipt of benefits it looks as though I maybe exempt from the Court Fees to request having the judgement set aside. I've had several dealings with Lowell over the past few years (sigh), so you have my sympathies. Would it be worth requesting prior to making an official claim, making a request in writing to Restons to have the judgement set aside? Or would this be a waste of time, and perhaps I should just cut to the chase and immediately make an official Court Claim to have the judgement set aside? Many thanks in advance


                  If no Warrant of Control issued then no Bailiff can attend. If or when it is issued the only Bailiff will be the County Court Bailiff and they are a lot easier to deal with than those from a private company.

                  Just because you are registered disabled does not automatically make you exempt from Court Fees - have a look at https://www.gov.uk/government/public...-tribunal-fees to see which Benefits are included.

                  Comment


                  • #10
                    Originally posted by ploddertom View Post


                    If no Warrant of Control issued then no Bailiff can attend. If or when it is issued the only Bailiff will be the County Court Bailiff and they are a lot easier to deal with than those from a private company.

                    Just because you are registered disabled does not automatically make you exempt from Court Fees - have a look at https://www.gov.uk/government/public...-tribunal-fees to see which Benefits are included.
                    Hi there,

                    Apologies for the time taken to reply, as it's not been a truly awful past couple of weeks with my daughter, and her being in hospital.

                    Many thanks for your reply. To date I still haven't received a Warrant Of Control, and no-one (touch wood) has called back to my home. For what it's worth, all of the obvious high-end items that would be targeted in the home are either still on finance, or in my mother's name (currently being paid for through her catalogue). I have documents to prove this too. But obviously I wouldn't wish for it to get this far given the stress & trauma I've been through recently.

                    Thanks for the link, I've just checked and fortunately my one benefit means that I would be entitled to an exemption from the Court Fees. :-) Once things have settled down at home over the weekend I will endeavour to address this at the start of next week as it has been playing significantly on my mind. I still cannot understand where this has all come from, and the alleged sum of money owed... let alone having a CCJ issued against me. It really couldn't have come at a worse time really. Many thanks for your advice and help, it is greatly appreciated.

                    Comment

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