Arrow global urgent by .12pm today

[Amberhun]

Sorry to repost but this is urgent.

Yesterday, 22:03:PM
Good day i am in court on monday 14th January in the hope to get judgement set aside. This afternoon i got a password protected email from arrow global stating that they agree to set aside as long as produce a defence in 28 days. Part two is a long letter asking me to sign a.letter agreeing to a settlement and they will offer a discount but want me to sign and send back via email by lunch time tomorrow .They want evidence of my income and evidence of my health. They also have send a screen shout of two payments that being of £1.00 one made in june 2012 and one being made in july 2012. I checked my bank account and there appears to be 3 payments of a pound made to who i dont know but not matching there dates. What should i do? They are stating i have had an assignment letter telling me they have the debt from HSBC however i never have recieved anything at all . No previous addresses are shown on any letter. They have been very selective in what they have emailed.
Since this email only arrived this afternoon and i only have just opended it shall i just ignore it and go to court and leave it up to the judge?
I would like to attach the letters but names are on them

[Amethyst]

It doesn't sound like the consent to the set aside is reliant on your agreeing the settlement, only that you file a defence within 28 days. You can accept that and they'll inform the court they consent to the set aside application so the CCJ should be removed.

The second part is if you want to settle the debt so it doesn't go back to a CCJ after the set aside. That depends hugely on the debt and whether you think you have a defence against it. Are the £1 payments being quoted as a reason why the debt isn't statute barred ? But it doesn't sound like you need to accept settlement in order for them to consent to the set aside.

Despite their consent to set aside the Judge will still look at the papers and decide whether to allow set aside of the judgment so I'd still attend if you can.

Haven't you already informed Arrow of your health issues ?

[Amberhun]

Yes i informed arrow global i can not attach letters here as they are in pdf password protected but i could send them to you with password. Fo if that is possible?
they state i fled domectic violence and refer me to womans aid. I informed them of the court case but they make no mention of this. I also informed them of Complex PTSD they do not mention that just anixety and depression but they have asked me to prove this. They took out a ccj back in 2016 or 2017 so i dont think it was statued barred but it strange they only showing a screen shot from a previous debt agency of two £1.00 transactions. Those dates are not shown on my bankq account.
so its all confusing. They or any previous debt agency has never filed papers too me and i lived at one address for 28 years second address 4.8 years nothing. Which i think is really odd.

[Amberhun]

Yes i beleive these two.£1.00 PAYMEMTS are there reason for not being stauted barred but they have said nothing about it. Just showing a wired reading of a visa for a £1.00

[Amethyst]

Yip, forward them on to me admin@legalbeagles.info and I'll have a look.

You were trying to sort some things out in 2012 as I recall, so you may have sent a CCA request or two around that time with a £1 postal order - which could be what those payments are. Do they name the debt collection company the £1's went to ? Might be worth putting in a SAR to that company.

[Amethyst]

Yes i beleive these two.£1.00 PAYMEMTS are there reason for not being stauted barred but they have said nothing about it. Just showing a wired reading of a visa for a £1.00

Hmmm visa payments wouldn't be the CCA requests. I'll see when you send over the letter anyway. I guess you might have tried to set up token payments at that point. I'm going to have a look for your previous threads on the HSBC debt as I think there were other issues with it too.

[Amethyst]

That consent order looks absolutely fine . It's not reliant on you settling, or agreeing to settle, the debt, it is solely terms that you file your defence within 28 days from the order being made by the Judge if he agrees the order.

I think you are fine to sign that and confirm back to Arrow.

Time wise you will likely still have to attend the hearing on Monday, so take a copy of this consent order with you.

Regarding the other parts I'll find your other posts about the HSBC debt and see where things are. The other letter may enable you, if there isn't a bonafide defence, to sort out paying in installments without a CCJ being (re)awarded against you - there's many issues involved and with your history and health issues, if you can evidence those and with your income/expenditure they may consider a write off of the debt... but not to be counted on by any means - I'll have a read, just wanted to make sure you were okay with that consent order.

Other thread https://legalbeagles.info/forums/for...5-arrow-global ( HSBC Credit Card - no CCA or agreement in place so a CCA request will need to go in asap the set aside order comes through. Also send a SAR to HSBC asap - likely not stat barred as there was a payment arrangement for £1 token payments back end of which was in 2012 and claim was issued 2017.)

[Amethyst]

Set aside granted - Defence needs to be filed by 28th Feb.

First step is to send a CCA request to Arrow so get that done today - CCA Request

I'll gather together the relevant info needed to form a defence / decide what to do below.

Today Judgement jas been set aside today i now have to produce a defence.
my points are ni assignment of debt from any debt agencies.
no papwrwork ever received so unable to recall debt.
My mental health and physical health.
fleeing dimestic violence twice.
presently of work diue to ill health.
any help and advise please mist be filed in 28 days.

set aside defence was

[/Defence to claim set aside on date:....31st March 2016.

1. I did not receive the original claim documents as I was having to flee my home due to domestic violence and had to move a number of times.

1 (a) On date Arrow Global agreed to my application for the judgement to be set aside for the reasons set out above. See enclosed documents. 1A 1B 1C.

3.I am suffering from PTSD and severe depression caused by my domestic situation and have been unable to cope with daily life and financial responsibilities. My only income is ESA £125.00 per week/month and I believe this claim will not achieve the outcome the claimant seeks.

4. MBNA was made fully aware of my domestic and financial situation when they assigned the debt to Arrow Global and no consideration of my mental health was shown by MBNA.

5. I was also unaware of the assignment of the alleged debt from MBNA to Arrow Global, however a copy of the notice of assignment has now been sent to me.

6. Arrow Global has not provided me with any proof of the alleged debt and I do not have any documents to refer i.e. a CCA 1974 Regulated Agreement relevant to the alleged debt.

7. I am unable to reconcile the amount allegedly owed due to the lack of documents.

8. I respectfully ask the court to order the claimant to produce the agreement relative to the alleged debt and copy of any default notice issued by the original creditor so that I may properly evaluate my position in regard to this claim

9. If the claimant if the claimant is unable to produce the documents requested I respectfully ask the court to strike out this claim..

Statement of truth:

I Vanessa Paterson Defendant believe that the statements made above are the truth:

Signed .................................................. dated:...................................…

[Amberhun]

Can i modify the.letter above and send that into arrow global as this was a previous letter to them for another debt? Or do i just ask for the cca first?

[Amberhun]

I am reposting to ask if i change the names on the above letter to HSBC card ? can i use the above letter as my defence as this letter was written for another debt? Do i state that arrow global were awere of my situation? Due to another debt named above in the letter or not?
can some one please advise.