CCJ from Drydensfairfax Solicitors on behalf of Arrow Global

[missemzybooboo]

Hi guys,

i need your your advice here. I have literally two weeks ago just completed on buying my first home. I received an Experian alert to say my credit report had changed. I logged on to find out that a CCJ had been entered by default from DrydenFairfax for £710. I was completely shocked by this as I did not receive any court papers as I would have responded to the claim as I am adamant the debt is statute barred-I have used your forum before and defended a claim so 100% if I had received the documents would have defended the claim.
CCJ was entered on the 7th November. I’m stuck as not sure if not receiving the court papers is enough as I don’t have proof I didn’t receive them. Would the fact the debt is statue barred be enough of a defence to get the CCJ set aside. Also, if you apply to set aside the CCJ does it stay on your credit file until you get your day in court then cancelled?

As as a last resort I can borrow the £710 to pay it off as I Know if you pay within 30days it is removed automatically. I need it gone off my report basically, these companies are so unscrupulous and disgusting. Im so annoyed.

Any my advice would be appreciated here.

Thanks

[charitynjw]

Re: CCJ from Drydensfairfax Solicitors on behalf of Arrow Global

Hi

SB would definitely be a viable defence.

Have you moved recently? (I'm wondering why you haven't received court docs for this.)

Also a bit more info on the type of debt & backstory would help. (Credit card, mobile phone etc.)

[missemzybooboo]

Re: CCJ from Drydensfairfax Solicitors on behalf of Arrow Global

Hi

SB would definitely be a viable defence.

Have you moved recently? (I'm wondering why you haven't received court docs for this.)

Also a bit more info on the type of debt & backstory would help. (Credit card, mobile phone etc.)

Hi

Prior to the CCJ on the 7th November I had not changed address in over 8years which is why I don’t understand why I didn’t get the court papers. However since the 17th November, I have changed address and contacted all the relevant parties I need too. The debt is for a catalogue apparently-I dates back to 2008 so it’s definite statue barred as I was on a DMP and all payments to creditors stopped in 2008 which would have been last acknowledgement.

If if I go down the set aside route how long does it take to be removed do you know at all?

Thanks

[charitynjw]

Re: CCJ from Drydensfairfax Solicitors on behalf of Arrow Global

Not long if accepted.

Catalogue debt, so regulated by the CCA, so plenty of potential issues for a defece.

Any idea why you might not have received paperwork re the court claim/default judgment?

[Guest]

Re: CCJ from Drydensfairfax Solicitors on behalf of Arrow Global

Hi

Prior to the CCJ on the 7th November I had not changed address in over 8years which is why I don’t understand why I didn’t get the court papers. However since the 17th November, I have changed address and contacted all the relevant parties I need too. The debt is for a catalogue apparently-I dates back to 2008 so it’s definite statue barred as I was on a DMP and all payments to creditors stopped in 2008 which would have been last acknowledgement.

If if I go down the set aside route how long does it take to be removed do you know at all?

Thanks

many DJs now tend to support the claimant. They have realised that the real world has changed

[missemzybooboo]

Re: CCJ from Drydensfairfax Solicitors on behalf of Arrow Global

No this is why I’m unsure wether I have a case to have it set aside. But from what I’ve been reading if the CCJ was issued in default and I don’t agree then I can. But not sure wether to risk it just in case court goes in their favour. It would be very costly and I’ll have a CCJ on my credit file

[pt2537]

Re: CCJ from Drydensfairfax Solicitors on behalf of Arrow Global

many DJs now tend to support the claimant. They have realised that the real world has changed

Wrong, Wrong, wrong, and er did i mention wrong?

The law is clear, DJs may well not like it, but take DJ Manners who accused the Defendant in a case of trying to use the law to avoid debt, notwithstanding that comment the debt was still declared unenforceable.

Im not sure how your post is going to help the OP but if you cannot think of something helpful, then maybe keeping schtum would be the best way forward!!