Good day everyone I need to some help please. I received a letter dated 12 june 2018 from shoosmiths their client Arrow Global. They informed me that there client obtained a ccj last septemebr 2017 for £11351.42. I don't recognise the debt . never had any paperwork for such an amount and have moved address 6 times fleeing domestic violence . I don't know who this debt was original with never had any demands for such an amount ever. they are requesting that I fill in an expense's sheet of income and out goings. however my circumstances are difficult and complicated with my health. I can only think that this is a debt with a massive amount of interest from 2011 /2012 . I have not replied to them in anyway but they are threating taking it back to court for an attachment of earnings. which now I am unable to work. so how do I deal with this please? can I get it set aside and then defend the claim?
arrow global vs me
Collapse
Loading...
X
-
First of all, you need to ask them for a copy of the judgment given by the Court. Ask them to post it or set up a new email account to deal solely with this matter (arrowshoe@gmail.com or something) and ask them to email a scan. At the same time ask them for a copy of the Claim form and the Particulars of Claim, and a copy of the original agreement on which the claim is based (it will probably be a credit application or similar).
You say that you do not recognise the debt. If after reading the particulars of claim you still don't recognise the debt, or if it appears to be more than six years old (the 'end' of the debt, not the 'beginning') then you should write to Shoosmiths setting out your position in short, calm sentences and short paragraphs and using only polite language.
Your position is that 1. they failed to properly serve the proceedings on you, and 2. you don't owe the money anyway and invite them to cooperate with you in applying to the court to have the judgment set aside. You should point out that they seemed to find out your address when they wanted to demand the money from you but apparently couldn't be bothered to locate you to ensure the proceedings were properly served. If they will agree to do so, all well and good. You should suggest that once judgment is set aside there should be a stay of 3 months before you have to file and serve your defence so that the discussions and possibly negotiations that should have happened before the claim was issued can take place.
You should also point out that if they make you make an application to set aside then you will incur costs and you will ask the court to award those costs to you when it sets the judgment aside (£255 for the court fee and £19 an hour for the time you spend on the application - make sure you keep records; so many minutes reading a letter, so many minutes writing a letter, so many minutes on a phone call.)
If, having read the Particulars of Claim you are able to work out what might have happened and how it came about that they thought you owed the money (domestic abusers have been known to make credit applications not in their own name) then you can write about that too. Otherwise, you just say 'I've never borrowed this money / had this credit card / whatever.'
If they won't agree to set it aside then you will have to apply yourself. A good resource is The handbook for litigants in person - chapter 13 deals with interim applications (of which this is an example). When you make the application you'll need to show the judge 1. why you didn't take part in the proceedings (because you didn't know about them), 2. that you applied promptly once you discovered what had happened (but you won't be penalised for spending a week or so trying to get Shoosmiths to agreed to a joint application) and 3. that you have a reasonable prospect of successfully defending the claim (and here you will need to draft a Defence; it need not be particularly sophisticated - read the Handbook chapter on Defences; the Defence is how the court decides whether you have reasonable prospects of succeeding).
Come back and post her if you hit any hurdles.
-
Originally posted by davenewbergr View PostFirst of all, you need to ask them for a copy of the judgment given by the Court. Ask them to post it or set up a new email account to deal solely with this matter (arrowshoe@gmail.com or something) and ask them to email a scan. At the same time ask them for a copy of the Claim form and the Particulars of Claim, and a copy of the original agreement on which the claim is based (it will probably be a credit application or similar).
You say that you do not recognise the debt. If after reading the particulars of claim you still don't recognise the debt, or if it appears to be more than six years old (the 'end' of the debt, not the 'beginning') then you should write to Shoosmiths setting out your position in short, calm sentences and short paragraphs and using only polite language.
Your position is that 1. they failed to properly serve the proceedings on you, and 2. you don't owe the money anyway and invite them to cooperate with you in applying to the court to have the judgment set aside. You should point out that they seemed to find out your address when they wanted to demand the money from you but apparently couldn't be bothered to locate you to ensure the proceedings were properly served. If they will agree to do so, all well and good. You should suggest that once judgment is set aside there should be a stay of 3 months before you have to file and serve your defence so that the discussions and possibly negotiations that should have happened before the claim was issued can take place.
You should also point out that if they make you make an application to set aside then you will incur costs and you will ask the court to award those costs to you when it sets the judgment aside (£255 for the court fee and £19 an hour for the time you spend on the application - make sure you keep records; so many minutes reading a letter, so many minutes writing a letter, so many minutes on a phone call.)
If, having read the Particulars of Claim you are able to work out what might have happened and how it came about that they thought you owed the money (domestic abusers have been known to make credit applications not in their own name) then you can write about that too. Otherwise, you just say 'I've never borrowed this money / had this credit card / whatever.'
If they won't agree to set it aside then you will have to apply yourself. A good resource is The handbook for litigants in person - chapter 13 deals with interim applications (of which this is an example). When you make the application you'll need to show the judge 1. why you didn't take part in the proceedings (because you didn't know about them), 2. that you applied promptly once you discovered what had happened (but you won't be penalised for spending a week or so trying to get Shoosmiths to agreed to a joint application) and 3. that you have a reasonable prospect of successfully defending the claim (and here you will need to draft a Defence; it need not be particularly sophisticated - read the Handbook chapter on Defences; the Defence is how the court decides whether you have reasonable prospects of succeeding).
Come back and post her if you hit any hurdles.
so who do I contact first?
Comment
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
1 of 2
<
>
SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
2 of 2
<
>
Support LegalBeagles
See more
See less
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment