Set aside default judgement hearing.

[explorer121]

Hello,

new to the forum so will be grateful for any advice. I have just received an attachment of earnings order from Arrow Global Guernsey Ltd.
This is the first correspondence I have had from them and they have placed a CCJ against me without any previous correspondence.
I did a credit search and found that Arrow have applied for a Court order at my previous address which I had left some seven years ago and the debt was for a credit card some ten years ago.
I now have 8 days to reply with the income/expenditure form but am at a loss as what to do as I haven't had a chance to dispute this or find out any further information.
Can anyone help or relate to this scenario ?
Thanking you in advance.
If they sent you the summons to an address that old, then that is underhand tactics as they should have ascertained your current address in order that you be allowed the chance to defend. This is deceitful at best and down right unlawful at worst.

I would use Form N244 [£155 fee] to get their judgement struck out as they have gone behind you back to ensure they got a default judgement, and based on the age of the agreement it may well be unenforceable at law, which means they should not have taken out a claim at all.

If you have a copy of the agreement, then check it here to see if it is unenforceable at law:

http://www.getoutofdebtfree.org/forum/v ... CEzWpRdVRK

If you do not have a copy of the agreement, send this letter. They will have 12 working days to comply, otherwise it becomes unenforceable at law unless or until they provide a copy, and may well be unenforceable any way as per the above, and in those 12 days, or until they provide a copy they may not do anything, and that will include the hearing, but be prepared for them to go ahead anyway, which will add to your prospects of getting the judgement set aside or struck out. Adapt as needed:

Letter sent by recorded delivery then this happened :

On returning home today I received a calling card from the County Court Bailiff asking me to contact him.

I have submitted form N244 but have had no reply as yet.

I am not sure what to do can anyone advise please ?

Thank you

[explorer121]

Re: Blake Lapthorn

UPDATE.
Hi,
Blake Lapthorn obtained a CCJ against me at an old address of some 7 years ago for a Credit card debt which is 9 years old.
Through advice I have written to the Solicitors asking for a copy of the Credit agreement and paid the £1 fee for doing so. No reply as yet, I then applied to the court using form N244 with a fee of £155 to have the Judgement set aside pending a court hearing, now I am waiting to hear from the court.
In the meantime I have asked for a written explanation from the claimants solicitors as to why they obtained a judgement using an old address when the law states reasonable effort must be used to verify someone's address and why when my current address is freely available through the electoral roll and credit reference agencies.
I have also asked why they pursued a statue barred debt.(All recorded delivery)
I doubt I will have a reply but would advise that all of this is hopefully leading to a court hearing where I am able to have this CCJ dismissed. I will have to fight my corner and give the Judge the facts and let him decide.
It's not easy to do and very stressful as you feel your worlds been turned upside down your on your own.
I have taken advice from others here and hopefully I will succeed.

[Amethyst]

Re: Blake Lapthorn

Hi explorer sorry to have missed your first post xx

When was the judgment obtained against you?

The N244 should put a barr in placed on the warrant so yes it will be a case of waiting to hear from the court.
The address issue sounds quite strong, although some courts can be a little sensitive over whether you informed the creditors you moved at the time you did, so just be aware of that. Although with the claim coming from the DCA they should have made reasonable enquiries as to your address.

On your first post I got a bit confused, sorry, have you accidentally quoted something someone said to you on GOODF ?

[explorer121]

Re: Blake Lapthorn

Hi explorer sorry to have missed your first post xx

When was the judgment obtained against you?

The N244 should put a barr in placed on the warrant so yes it will be a case of waiting to hear from the court.
The address issue sounds quite strong, although some courts can be a little sensitive over whether you informed the creditors you moved at the time you did, so just be aware of that. Although with the claim coming from the DCA they should have made reasonable enquiries as to your address.

On your first post I got a bit confused, sorry, have you accidentally quoted something someone said to you on GOODF ?

Hi,
thanks for your reply.
The fist I heard was on 19.9.14 which was for 'Notice of application for Attachment of Earnings Order'. It just says the creditor obtained a judgement in the County Court Business Centre.
According to my Credit report the CCJ was obtained 14.1.14 at Northampton.
Sorry yes too much copying and pasting with GOODF.
Now at 21.00 hrs and the County Court Bailiff never showed to serve papers.
The lady in the Court office said it would only be a few days and I would hear if it was set aside.
Many thanks.

[explorer121]

Re: Blake Lapthorn

Hello,
on my return home today I received a letter from The CC Exeter 'Upon reading a letter from the claimant it is ordered that : The application for attachment of earnings is adjourned generally with liberty to restore.
The claimant has obviously written to the court and as I have a Form N244 submitted with a fee of £155 where am I with all this ? Will I be able to obtain a hearing as I haven't hear from the claimant's solicitors ?
Any advice would be much appreciated.
Thank you.

[Amethyst]

Re: Blake Lapthorn

That is good news, the claimants must have realised you were applying to set aside from your letter so have put their own hold on the AoE application. Your set aside application will now be looked at and heard and the claim will go back to where you would have been had you received the original court papers - so you'll probably get 14 to 21 days to enter your defence. Still a case of waiting to hear back from the court on your application I'm afraid.

[explorer121]

Re: Blake Lapthorn

Many thanks for the explanation which has clarified things and put my mind at rest. Time to prepare my defence.
Thank you again and have a good weekend.

[explorer121]

Re: Blake Lapthorn

Hello,
I have now heard from Exeter CC and a hearing date has been set for 13.11.14.

As I have never been in this situation I am wondering how best to go about it and what to expect.

Brief synopsis of what has happened so far :

19.9.14 letter from Exeter CC notifying me of a judgement made against me and an application for attachment of earnings order.
First correspondence ever received regarding this.
22.9.14 letter from Blake Lapthorn saying judgement obtained for £7708.82 obtained and financial questionnaire attached.
Letter sent to Blake Lapthorn by recorded delivery 23.9.14 asking for copy of credit agreement and breakdown of account.£1 fee enclosed.12 days reply advised.
23.9.14.Form N244 submitted to Exeter CC for set aside of judgement.
7.10.14 letter from Exeter CC saying letter from claimant and it is ordered that the attachment of earnings be adjourned.
9.10.14 recorded letter to Blake Lapthorn referring to previous letter dated 23.9.14 asking again for copy of credit agreement and a written reply as to why judgement placed on old address of 7 years ago thus not allowing any defence. Also pointing out reasonable effort must be made to ascertain an individuals address as it is freely available on the electoral roll or credit reference agencies. I have also asked then to explain why a debt that is statue barred is being pursued.
16.10.14 Blake Lapthorn confirmed my letter dated 9.10.14, no mention of letter 23.9.14, saying it has been sent to their client who will deal with accordingly and respond back in due course.
21.10.14 letter from Exeter CC advising hearing will be 13.11.14.

Still no reply regarding my original questions and requested CCA.

Should I relay all of this in court and assume no further correspondence will be sent or can I expect the claimant to now respond ?

Any help would be appreciated and any info regarding Arrow Global, the claimant.

Many thanks.

[Kafka]

Re: Blake Lapthorn

Is this debt statute barred, as implied in post #1?

[explorer121]

Re: Blake Lapthorn

Hi,
thanks for your interest. As far as I can tell it is. In other words no correspondence or monies have been paid or entered into regarding this for over 6 years.

[explorer121]

Set aside default judgement hearing.

Hello,
Help with the following would be much appreciated regarding a hearing for a set aside judgement and AOE order taken out by Blake Lapthorn on behalf of Arrow Global.
I have now heard from Exeter CC and the judgementhas been set aside, hearing date has been set for 13.11.14.

As I have never been in this situation I am wondering how best to go about it and what to expect.

Brief synopsis of what has happened so far :

19.9.14 letter from Exeter CC notifying me of a judgement made against me and an application for attachment of earnings order.
First correspondence ever received regarding this.
22.9.14 letter from Blake Lapthorn saying judgement obtained for £7708.82 obtained and financial questionnaire attached.
Letter sent to Blake Lapthorn by recorded delivery 23.9.14 asking for copy of credit agreement and breakdown of account.£1 fee enclosed.12 days reply advised.
23.9.14.Form N244 submitted to Exeter CC for set aside of judgement.
7.10.14 letter from Exeter CC saying letter from claimant and it is ordered that the attachment of earnings be adjourned.
9.10.14 recorded letter to Blake Lapthorn referring to previous letter dated 23.9.14 asking again for copy of credit agreement and a written reply as to why judgement placed on old address of 7 years ago thus not allowing any defence. Also pointing out reasonable effort must be made to ascertain an individuals address as it is freely available on the electoral roll or credit reference agencies. I have also asked then to explain why a debt that is statue barred is being pursued.
16.10.14 Blake Lapthorn confirmed my letter dated 9.10.14, no mention of letter 23.9.14, saying it has been sent to their client who will deal with accordingly and respond back in due course.
21.10.14 letter from Exeter CC advising hearing will be 13.11.14.

Still no reply regarding my original questions and requested CCA.

Should I relay all of this in court and assume no further correspondence will be sent or can I expect the claimant to now respond ?

Any help would be appreciated and any info regarding Arrow Global, the claimant.

Many thanks.

[explorer121]

Re: Blake Lapthorn

Hello,
can anyone offer advice as my hearing is Thursday 13th ! Thank you

[Amethyst]

Re: Blake Lapthorn

This is your set aside application hearing isn't it ?

Did you enter a draft defence along with the set-aside app ?

And you've asked for the CCA etc to back up the original claim and have still had nothing.

[explorer121]

Re: Blake Lapthorn

Hi Amethyst,
thank you for your reply.
Yes this is my set aside hearing. I sent a copy of the letter I sent to the claimants solicitors asking for a CCA etc and disputing the debt with the set aside application and fee of £155.
To date I have had nothing other than a simple acknowledgement of one of my recorded letters saying it has been passed to their client who will respond in due course. In between all of this the claimants solicitors wrote to the court saying they were not pursuing the attachment of earnings.
I am going to show the Judge the letters I have sent and ask for the judgement to be dismissed because they can not prove the debt or provide any CCA etc. I will also be asking for costs of £155.
I hope this is the correct way to approach it, any advice would be much appreciated.
Many thanks.

[explorer121]

Re: Blake Lapthorn

What on earth !!