Surprise from court and arrow global..help!!

[ncf355]

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

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:

Hi,

not sure this would cut much mustard in getting the judgment set aside if the OP didnt inform HSBC of his new addres(es)

Unless he can show that he informed them, I would imagine the judgment would stand?

[gixser1001]

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

but in the meantime at least..what do I say to the court today when i hand in the n61

[FlamingParrot]

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

but in the meantime at least..what do I say to the court today when i hand in the n61

Just that you did not receive the N56 and you were not even aware that a claim had been issued, or judgment had been obtained, against you. That is the truth, isn't it? If you knew nothing about it, you couldn't have responded, could you? Ask if you can see what they have on file about this, they probably won't be able to retrieve it today but they could post it to you. You need to know all the details of this judgment.

[FlamingParrot]

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

Hi,

not sure this would cut much mustard in getting the judgment set aside if the OP didnt inform HSBC of his new addres(es)

Unless he can show that he informed them, I would imagine the judgment would stand?

Yes, and he'd also have to show good prospects of defending the claim, otherwise the set aside would be regarded as a waste of everyone's time.

[PlanB]

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

not sure this would cut much mustard in getting the judgment set aside if the OP didnt inform HSBC of his new addres(es) Unless he can show that he informed them, I would imagine the judgment would stand?

I'm not promoting a set aside, but if the assignment to Arrow isn't/wasn't watertight they may not have the right to collect the debt which may (and I stress may) put things on hold with the court while the OP considers his options.

Even though there is a CCJ it's not impossible to agree a F & F at a lower amount to clear this debt with the Claimant (his ex may be persuaded to cough up her share if it was a joint account), who could prefer to take some money now rather than wait years and years to collect it on a low monthly repayment plan set by the court. Some CCJs are paid at only £1 per month which in this case would take over 400 years to clear the debt :scared:

The OP also needs to check whether statutory interest @ 8% has been added to this CCJ since 2008 and whether that was correct according to his Ts & Cs with the bank etc etc.

[gixser1001]

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

Okay been to the court and got the info..not! They were not helpful at all really but were nice about it. Handed in my n61 and the filled out n56 form and asked about what this was all about as I had no knowledge of any ccj against me and that I have received no communications from the court or arrow. Oddly she had quite a look of surprise on her face when the screen showed it had been dormant since 2008 and only started up now.
The court had no info at all to print off to give me. All she could tell me they were acting as the go between as Norwich CC was handling it and that Norwich CC had initiated the attachment order on May 1^st. She also told me that Arrow Global had been substituted as the claimant. I checked the box on the n56 asking for the order to be suspended citing extreme low income and unemployment. So all I have now is a phone number for Arrow and reference number. I still do not know what this ccj is.

[gixser1001]

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

any thoughts on this? I am going to call Norwich CC on monday to see what details and paperwork I can sent to me. I could email them as there is an enquiry addy instead of calling as it an 0844 number and could get pricey if they keep me on hold or speak for ages and I cannot afford phone bills at 5p per minute. One thing I forgot to mention is that the court clerk told me that a baliff tried to serve me and did not as the house looked abandoned! Not sure if that was the ccj served back in 2008 which would have been the case as I had moved out by then or if it was the first statement of means before they just sent me the n61. If it was that then it a load as am here!

[PlanB]

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

Here's some information on how you can get a CCJ set aside if you have grounds such as non attendance of the hearing:

http://www.bdl.org.uk/images/12_EW_N...ty%20court.pdf

[FlamingParrot]

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

any thoughts on this? I am going to call Norwich CC on monday to see what details and paperwork I can sent to me. I could email them as there is an enquiry addy instead of calling as it an 0844 number and could get pricey if they keep me on hold or speak for ages and I cannot afford phone bills at 5p per minute. One thing I forgot to mention is that the court clerk told me that a baliff tried to serve me and did not as the house looked abandoned! Not sure if that was the ccj served back in 2008 which would have been the case as I had moved out by then or if it was the first statement of means before they just sent me the n61. If it was that then it a load as am here!

You wouldn't have had a CCJ 'served' back in 2008 or at any time, you're probably referring to the court papers, but they are not served as such, nor would the court send a bailiff for that purpose. Most money claims are submitted online and processed through the Northampton Bulk Centre. The court papers would be sent through the post, not using a bailiff or a process server. Only Statutory Demands are served personally using a process server (not a court bailiff). They are probably referring to the N56 because at that stage the court would have been involved.

Surely if the court had a record of a bailiff attempting service, they would also have a record of the date (was it in 2008 or this year?) as well as the address where service was attempted. :confused2:

[gixser1001]

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

The girl at the desk did not clarify it for me. It was like trying to pull teeth and all I could get out of her was it Norwich responsibility and she had no other info or willing/able to print off what info she did have. I am assuming it was the n56 as well as Norwich initiated this on May 1 but to say the house was abandoned is ridiculous. The only other thing it could be I guess is whoever got this ccj sent bailiffs to attempt to seize goods back in 2008 and of course the house would be empty as I had moved out but could they have got a order for that so quickly? As the ccj it seems was issued on the 26th of March 2008 and I had already moved. I hopefully will find out more when I contact norwich on monday and I hope they will send me copies of all the paperwork and can let you know.

The only grounds I have for a set aside is that I had..and still don't for that matter..no knowledge of this whatsoever or if it is even legal what arrow are doing. I only found out there was a ccj because you guys helped me on the path to get it sorted. So do I apply for set aside on a n244 once I get the info from the court or do I do a n245 which I have seen as well when I was looking stuff up. Totally confused!

[FlamingParrot]

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

The only other thing it could be I guess is whoever got this ccj sent bailiffs to attempt to seize goods back in 2008 and of course the house would be empty as I had moved out but could they have got a order for that so quickly? As the ccj it seems was issued on the 26th of March 2008 and I had already moved. I hopefully will find out more when I contact norwich on monday and I hope they will send me copies of all the paperwork and can let you know.

Although not impossible, it's highly unlikely they would have sent bailiffs to levy on goods in these circumstances, and had that been the case, they wouldn't have said they were sent to 'serve you', service only applies to documents, so they may well have tried to serve you with the N56. To be able to send bailiffs they would have to have obtained a Warrant of Execution, which should also be on record.

The only grounds I have for a set aside is that I had..and still don't for that matter..no knowledge of this whatsoever or if it is even legal what arrow are doing. I only found out there was a ccj because you guys helped me on the path to get it sorted.

As said before, you'd need to show the creditor (not necessarily Arrow but the original lender) had your current address, as well as having good prospects of defending the claim.

So do I apply for set aside on a n244 once I get the info from the court or do I do a n245 which I have seen as well when I was looking stuff up. Totally confused!

The two forms have different functions. You can attempt the set aside if you don't mind paying the fee, the worst that could happen is that you fail and the CCJ stays. The N245 is to apply for a variation of your monthly repayments or suspend a warrant of execution to send bailiffs. From what you say above, there is no such warrant, and you have already filled your N56 stating your income is too low for an attachment of earnings, so I can't see what purpose an N245 would serve at this stage.

[gixser1001]

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

Okay brief update. I managed to get through to Norwich CC and they informed me it was no longer in their hands as it been transferred to Huddersfield CC! Yet when I was at Hudds CC on Friday they told me it was in Norwich and contact them! When I asked for any paperwork they told me to contact Hudds. I did find out it was to do with a overdraft account I had with HSBC back in 2006 but still no idea of anything else. The girl at Norwich was quite nice about it and even suggested I could file a n244. I said yes but how can I when I have no idea of what it is all about or any documentation to rely on for evidence that Arrow is even legal in doing what they have done.

[gixser1001]

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

This getting past funny now.

Hudd have no records either to give me and they insist they only acting as enforcement of the n61 and nothing else. They told me it was a dead file at norwich and arrow resurrected it and had themselves subtituted on April 26th this year
and immediately went for a attachment of earnings on 5 may which I never received as it was stated my house was abandoned
and the n61 was issued on may 23rd to the same 'abandoned' house which I got on thursday last week. Other than that I am still no further ahead.

The court clerk suggested i write to arrow but i told her i doubt it would help much due to arrows somewhat dubious ethics.

Now what do i do!

[FlamingParrot]

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

You said above your income was too low for an attachment of earnings and that you would have no trouble showing that on your statement of means.

Did they tell you the address of the 'abandoned house'?

Are you looking to have this set aside?

[gixser1001]

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

Oh yes it way too low and that is clear on the n56 i handed in last week. It was this house I am in now on 5 may. It also seems whoever got the ccj sent one back in May 2008 to the house that I got this ccj served to in march 2008 but i had moved out beginning of march 2008. To be honest I am not sure what to do anymore. Its not on my credit file and if i have it set aside and it reissued if i cant defend successfully then it will show up and screw up my credit. Does not help that I cannot get any info on what has happened or who did what and when to be able to make any decision.