Arrow Global CCJ Wrong Person Help !

[Jond240]

Hi I am desperate for some advice please as the stress and anxiety this has caused me is overwhelming.

I will try and summarise as best I can below:

Received out of the blue in March 2019 a demand for payment by Arrow Global for a CCJ claim in 2017.
The letter also referred to an agreement that I had entered into with M&S in 2004 and claimed the last payment made to this agreement was 2013. They also instructed Drydensfairfax to seek recovery of the alleged debt.

Firstly this is the first I was aware of this CCJ or agreement, my credit file shows no CCJ or M&S credit agreement, I have never made any payments to M&S or Arrow Global. I can categorically state that I have never had an agreement with M&S, or ever been in debt in my life and this is not some hidden skeleton that has resurfaced. I have a near perfect credit score on all three CRA's.

After getting over the shock of discovering this I went onto Trustonline to try and establish more details pertaining to the CCJ in question.

The address the CCJ refers to is an address I do not recognise, have NEVER live at, or have any connection to.

I asked Arrow Global and Drydensfairfax to provide any evidence that I owe this money and they repeatedly said they are not obliged to as there is already a CCJ against my name.

After numerous letters back and forth Arrow Global complaints department stated that it appears that the account has been linked to me in error due to a similar name to their customer.

I naively thought that this was the end of the matter in 2019, however out of the blue I have recently received a Attachment of Earnings claim form from the court and a letter from Drydensfairfax.

Having carried out research on here I believe I need to apply for the CCJ to be set aside, however I am really struggling on how to form a defence on something I am not guilty of, have no information what so ever from Arrow Global or Drydensfairfax regarding the original agreement, alleged debt etc etc....

I really would appreciate some help what to do and in what order......help.....!!!

[echat11]

Hi JOND240

First thing, try to stay calm.

What you need is information and evidence.

a) Send a SAR to Arrow Global, they will provide all the data on the account, they have 30 days to do that. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Lodge a Formal Complaint in writing to Arrow Global, follow their complaints procedure which will be on their website, explain concisely what has happened, why it is wrong and what you want them to do about it. When you get their final response, if you are still unhappy lodge a complaint with the Financial Ombudsman Service.

c) Contact again in writing Arrow Global, ask them for consent to set a side the CCJ again explaining their error, if they give consent the fee will be £100, if they don't it will be £255.

[Jond240]

Hi JOND240

First thing, try to stay calm.

What you need is information and evidence.

a) Send a SAR to Arrow Global, they will provide all the data on the account, they have 30 days to do that. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Lodge a Formal Complaint in writing to Arrow Global, follow their complaints procedure which will be on their website, explain concisely what has happened, why it is wrong and what you want them to do about it. When you get their final response, if you are still unhappy lodge a complaint with the Financial Ombudsman Service.

c) Contact again in writing Arrow Global, ask them for consent to set a side the CCJ again explaining their error, if they give consent the fee will be £100, if they don't it will be £255.

Hi Echat11,

Firstly thank you for your response, sorry its so hard to stay calm as I have never had to deal with anything like this before, not even a parking ticket !!

A) - SAR - I will submit this to Arrow Global tomorrow, my only concern is the 30 days they have to respond as there is already an Attachment of Earnings (N56) that has arrived. I will proceed with the SAR, however is there a risk of further action by either Arrow Global, Drydensfairfax or the court in the mean time?

B) I did originally lodge a complaint with Arrow Globals complaint department, and they replied with "It would appear that this account has been linked in error" - This was the last I heard from them (2019) until very recently receiving the AOE letter. - Can I still go to the FOS?

C) - I will write to Arrow Global seeking for them to consent to set-aside, however because of the AOE letter received should I apply for set-aside ASAP?
This is where I am really struggling with Witness Statement, Defence Statement, Draft Order etc...

[echat11]

A) - SAR - I will submit this to Arrow Global tomorrow, my only concern is the 30 days they have to respond as there is already an Attachment of Earnings (N56) that has arrived. I will proceed with the SAR, however is there a risk of further action by either Arrow Global, Drydensfairfax or the court in the mean time?

It might be an idea to copy Drydensfairfax into the Formal Letter of Complaint you sent to Arrow Global, so they are fully aware that an error has occurred and can withdraw the attachment order.

B) I did originally lodge a complaint with Arrow Globals complaint department, and they replied with "It would appear that this account has been linked in error" - This was the last I heard from them (2019) until very recently receiving the AOE letter. - Can I still go to the FOS?

You need to make a fresh complaint because there are time limits to complaint to the FOS, has to be within 6 months. The attachment order gives you reason to complain. Just to add that you are due compensation because of this error -

https://www.arrowglobal.net/en/custo...ontact-us.html

C) - I will write to Arrow Global seeking for them to consent to set-aside, however because of the AOE letter received should I apply for set-aside ASAP?
This is where I am really struggling with Witness Statement, Defence Statement, Draft Order etc...

The attachment order will more then likely take time to set up, hopefully the actions A) and B) will result in them withdrawing the attachment order. Don't worry about the 'draft order' just yet.

[echat11]

Just posting this for information only -

https://assets.publishing.service.go.../ex323-eng.pdf