Surprise from court and arrow global..help!!

[PlanB]

Re: Surprise from court and arrow global..help!!

I checked trust online yesterday and there is nothing at all. I have had no contact with either party at all. I did not even know arrow existed until yesterday when this order was hand delivered to me! I have moved about 5 times since 2006 so they would know my address anyways. One thing that was on my cra was a unrecorded search from a grosvenor credit management in march this year

A court judgment only stays on file for six years at Trust Online and/or CRAs so if this CCJ was obtained before June 2007 it won't show up. But the court will have the date on file so call them. As has been said you need to search Trust Online at all your addresses because CCJs are filed under the relevant address for the judgment at the time it was made.

[gixser1001]

Re: Surprise from court and arrow global..help!!

Just did a check on another address and it showed up ffs! CCJ issued on the 26th of march 2008. I knew nothing about it at all. I know for a fact I never received any documents saying I was facing that and I moved out of that place that month.

[PlanB]

Re: Surprise from court and arrow global..help!!

I have no previous connections to arrow and getting this n61 was total surprise. Even the n61 says they tried to send me a n56 previously but I had not replied to it. Total bull...I never received anything form either arrow or the court!

That's very odd. This is not a trick question so please don't take offence, but there is no mention of "Form n56" in that order only a vague reference to "you have failed to return a statement of means" so how do you know that a n56 has already been sent to you? The n56 form is when a Claimant applies to the court for an Attachment of Earnings and a copy of that application may have been sent to you by either the court or the Claimant (I'm not sure which) to the same address at this n61 Form which has arrived safely.

Here's some information about the Attachment of Earnings court procedure:

http://www.adviceguide.org.uk/wales/...your_wages.htm

[PlanB]

Re: Surprise from court and arrow global..help!!

Just did a check on another address and it showed up ffs! CCJ issued on the 26th of march 2008. I knew nothing about it at all. I know for a fact I never received any documents saying I was facing that and I moved out of that place that month.

Can you prove the exact date you moved out and evidence that you gave HSBC your change of address? If the CCJ was dated 2008 then the debt won't be SB

Was this a joint account with your ex and how much is the debt? A court can't make you pay more than you can afford

[gixser1001]

Re: Surprise from court and arrow global..help!!

[QUOTE=PlanB;347884]That's very odd. This is not a trick question so please don't take offence, but there is no mention of "Form n56" in that order only a vague reference to "you have failed to return a statement of means" so how do you know that a n56 has already been sent to you? The n56 form is when a Claimant applies to the court for an Attachment of Earnings and a copy of that application may have been sent to you by either the court or the Claimant (I'm not sure which) to the same address at this n61 Form which has arrived safely.

Here's some information about the Attachment of Earnings court procedure:

http://www.adviceguide.org.uk/wales/...your_wages.htm[/QUOTE

I read that on the HRMC site that the n56 would have been sent first by the court and if I did not reply they send the n61 so I assuming on that as I have no previous correspondence from either arrow or the court. A friend just called me and said that as my income is so low the attachment of earnings cant be enforced and that I should ask for some kind of statutory plea that he could not remember what it was as I have had no idea that this ccj even existed

[PlanB]

Re: Surprise from court and arrow global..help!!

I just received this afternoon a hand delivered letter with a order for production of statement of means(form N61) from the local county court for 4838.38 pounds.

^^^^ Silly me I can see you've already posted the amount of the debt

Was the CCJ obtained by HSBC or Arrow (probably HSBC going by the date of 2008). That order is dated 23rd May and hand delivered to you yesterday 6th June. It gives you only 8 days to respond so you need to get your skates on.

[gixser1001]

Re: Surprise from court and arrow global..help!!

I agree it had to be HSBC. As for proof I moved then, I might have something but I doubt it. I cant quite remember but I think it was a joint account.

I know PlanB. heading over to the court today.

[FlamingParrot]

Re: Surprise from court and arrow global..help!!

I read that on the HRMC site that the n56 would have been sent first by the court and if I did not reply they send the n61 so I assuming on that as I have no previous correspondence from either arrow or the court. A friend just called me and said that as my income is so low the attachment of earnings cant be enforced and that I should ask for some kind of statutory plea that he could not remember what it was as I have had no idea that this ccj even existed

That's why they are supposed to have sent you the statement of means (n56), even a judge cannot make you pay what you can't afford. :nono:

This judgment was obtained in 2008, yet they have only just traced you, after 5 years, to attempt to enforce the judgment. That strikes me as a bit odd, is there anything you have done recently that would have prompted this? Another court claim? Have you been applying for credit or a mortgage? :confused2:

First you need to respond to the N61 because they can take steps to send you to prison, or at least fine you if you don't comply. The fact you didn't receive the N56 means it could have been sent to another address, probably where the court papers were sent.

You *could* have the CCJ set aside if you can show you provided the creditor with your new address, in this case it would be HSBC rather than Arrow, as Arrow would have just purchased the debt from HSBC. If you can't show that, it would be very difficult to succeed. You also have to show the judge you would have a good prospect of defending the claim, otherwise it would just be a waste of the court's and claimant's time. You need to ascertain whether you would be able to defend this before you apply for a set aside, you would also have to pay a fee, currently £75. http://www.trustonline.org.uk/unders...de-a-judgment/

You say this was an overdraft and it was 'closed'. It wouldn't have been closed if there was an outstanding amount.

[gixser1001]

Re: Surprise from court and arrow global..help!!

I cant prove that. I have had no dealings/corrspondence with them since 2006. Okay perhaps closed is the wrong choice of words..more like stopped using the account. So I guess I am pretty much screwed

[FlamingParrot]

Re: Surprise from court and arrow global..help!!

I just received this afternoon a hand delivered letter with a order for production of statement of means(form N61) from the local county court for 4838.38 pounds.

Initiated by an Arrow global ltd.

Arrow are well known debt purchasers: http://www.arrowglobal.net/

Have you got any old statements for this current account? Do you recall what your overdraft limit was? Is it possible the balance above is made up mostly of charges? Overdrafts do not fall under the CCA in the same way as credit cards and loans, they are linked to a current account so there wouldn't have been a credit agreement signed for it, but banks still have a duty to provide information on overdrafts, obviously they can only do so if they know where to find you.

[PlanB]

Re: Surprise from court and arrow global..help!!

perhaps closed is the wrong choice of words..more like stopped using the account. So I guess I am pretty much screwed

You're not screwed yet

There are lots of things to look at such as whether Arrow even has the legal right to collect this debt :noidea: Is/was there a valid Notice of Assignment (or whatever legal paperwork was needed at the time) when HSBC sold it on to Arrow :wink:

[gixser1001]

Re: Surprise from court and arrow global..help!!

If i remember correctly...as i have no statements etc as they long gone...about 2k of that would be charges..perhaps more

[gixser1001]

Re: Surprise from court and arrow global..help!!

oh and i have no idea about their legal right etc as I have never ever received any letters or the like from them! thats what really gets me about all this..i never knew!

[PlanB]

Re: Surprise from court and arrow global..help!!

oh and i have no idea about their legal right etc as I have never ever received any letters or the like from them! thats what really gets me about all this..i never knew!

So now's the time to find out :beagle:

[gixser1001]

Re: Surprise from court and arrow global..help!!

For sure I agree with you Plan! However I have to get to town shortly for another errand and the court is right there..they close at 2pm though. what should i say to them?