In Urgent need of advice Final Charging Order Blake Lapthorn/ Arrow Global

[cocoa1]

Hi Everyone. Am a newbie here so forgive me if I've posted in wrong place.

In desperate need of some advice before I worry myself into the ground. Any help appreciated.

Received a letter from Blake Lapthorn, who say they are working on behalf of Arrow Global Guernsey Limited.
Letter states:
“We now attach a copy of the Final Charging Order obtained by our client in this matter.
Our client is keen to reach an affordable monthly repayment arrangement with you. Please contact us within 14 days of the date of this letter to discuss the various options available to help you repay this debt. To help us understand your overall financial position and to determine how much you are able to pay each month, we have also included an Income and Expenditure form for you to complete and return to this office.
Our client has asked us to draw your attention to an opportunity to settle this account at a discount. The settlement will be dependent upon your current financial situation; again we are keen to discuss this with you. In the absence of receiving a reasonable offer of repayment, our client has the option to pursue enforcement action and may do so by instructing us to proceed with one of the following:
Application for attachment of earnings
Application for a warrant of Control”
Attached to letter is a financial means questionnaire and a copy of a Final Charging Order which was granted on 13 January 2015 at Winchester Court. It also says that there was a charge created on 13 October 2014 and that this shall continue as modified by this order.
Had no idea who Blake Lapthorn or Arrow Global were but after doing some research realised this is a debt from an MBNA credit card.
Also from what i understand in order to get a charge on my house they would have had to get a CCJ first but have never had any correspondence prior to this.
I am now panicking as they have given a 14 day deadline to contact them but was away last week and so only opened letter yesterday and 14 days are up on Thursday (5^th Feb).
Don’t really want to contact them until I have more info and have got some advice but do I need to acknowledge that I have received the letter in order to stop them from taking further action?
Would be grateful for any advice anyone could give me at all. Many thanks in advance.

[Amethyst]

Re: In Urgent need of advice Final Charging Order Blake Lapthorn/ Arrow Global

Hi xx Welcome to the forum. Your first job is to check if you have a CCJ registered against you - search on Trust Online (registry trust) which costs I think £4 - or look at your credit file via Noddle (free).

To have got to this point they must have got a CCJ, obtained an interim charging order (which you should have been informed of by the Land Registry - that would be what happened in October) and applied to court for a Final Charging Order (which normally has a hearing -which would have been on 13th January) You should have had a plethora of letters really between last August and now.

Have you moved recently at all ?

How much approx was the debt on the MBNA card ?

[cocoa1]

Re: In Urgent need of advice Final Charging Order Blake Lapthorn/ Arrow Global

Hi Amethyst, Many thanks for getting back to me so quick and with info needed to check re CCJ.

Ok so have got a copy of my credit file from Noodle thanks to your fab advice and found that I do indeed have aCounty Court Judgement dated 11th July 2014 at County Court Business Centre amount of £4,492 with Active status. :mad2:

To answer your question about moving, no I haven't moved recently. Have lived at the same address for over 10 years, although there have been times where I spent long periods away (I went to stay with my sister after she became terminally ill) my son remained at home.
Am so angry and confused as to why I'm only finding out after the fact. Have challenged CCJ previously and won (Tax Credits) so would have defended this one (or at least tried :tinysmile_hmm_t2. If I had received any correspondence about this I would have it in a file somewhere (much to the dismay of my nearest and dearest, I keep everything! I have my bank statements going back to 1998 and keep copious notes on any communication regarding important things, phone calls, names etc)

I feel so scared because I have only just found out and feel I have no time to find out what I need to know in order to manage the situation/ work out what needs to be done its unfamiliar territory and that's frightening me.

The worst thing about this is I'm not sure of hows and whys this debt is with Arrow and not MBNA. After looking at my credit file I'm even more confused as Arrow is down as lender and says since 2007.

The debt with MBNA had a balance of £4,205 in Dec 2010 which is when I last made a payment (Limit was £3,600). The balance kept increasing as the interest charges were so high that the payments I was making sometimes didnt cover them. Asked them to stop charges on account and offered repayment arrangement but they refused and shortly after became unemployed which I had discussed with them as was aware that my job was at risk due to local authority cuts at the time.

Not sure where to go from here..... My main concern is how/ should I respond to Blake Lapthorn, given that they have set a deadline of 14 days to respond. And do I have a legal obligation to send them the Income and Expenditure form.
I usually prefer to do everything in writing but time is a factor.

Any advice would be soooooooo appreciated, and thanks again for your help so far.

[Amethyst]

Re: In Urgent need of advice Final Charging Order Blake Lapthorn/ Arrow Global

Okay good, you need to write to Blake Lapthorn and state that you did not know anything about this case until you received their latest letter and that you intend to apply to set aside the charging order and original CCJ. Tell them you do not recognise the debt, they have given you no information about the debt or who the original creditor was, and that you have lived at the same address for the past 10 years.

Also send a CCA request to the original Claimant ( so Arrow Global ).

Also give the court a call and tell them you have only just found out about the CCJ and Charging order and can they send you the forms to set aside and ask them to note on the case file you will be making an application.

Your application will cost £155 ( or £50 if you don't need a hearing but it is recommended). If you are on a low income you may be eligible for help with fees ( see EX160 on hmcs site)

[cocoa1]

Re: In Urgent need of advice Final Charging Order Blake Lapthorn/ Arrow Global

You are a true blessing! Cannot tell you how grateful I am :love:

Going to try and get letter to Blake Lapthorn written before I have to leave and go and pick up the kids, but might be pushing it.
If I posted it tomorrow they could have it by Friday, do you think that would be acceptable or should I email them an acknowledgement and say they that letter is to follow. Worried about 14 day thing and whether they may use this against me.

will do letter then work on rest. Many thanks again

thanks again

[Dookist]

Re: In Urgent need of advice Final Charging Order Blake Lapthorn/ Arrow Global

Good Luck… I can tell you that BL are a shifty bunch and I have been to Hell and back as they don't follow correct procedure… they have obtained an Interim Chatging Order against me without notifying of a court hearing and when they got the Final CO, they went back to the court, again without notifying me and made an application to modify the very Order that they themselves had requested!! All unlawful and I have applied to set aside… I have been battling this for more than 4 years and only lost my original case because I am a deaf LIP and there was no working audio equipment on the day of the hearing and the judge refused to adjourn & I had to withdraw as I didn't know what was going on at the hearing... So unfair!!:tinysmile_cry_t: