Help required please....N56 ignored and N61 on way.....

[Dee123]

A brief history...
Bank pulled the rug 2008 in the crash! Left with outstanding debts £48k total.
Buried head and had a breakdown, but discovered CCCS (Stepchange) and on 19 Aug 2009 entered DMP. Paid token amounts to all Creditors.
2014 the enevitable DIVORCE happened, all debts in my name!

Feb 19th 2015 officially no longer in DMP. Unemployed, Cancer scare and then operation, couldnt be bothered with anything!
Jan 25th 2016 received a letter from DLC, they were offering me discount of £7727.27 to settle my outstanding debt totalling £15454.54 (50%) DLC had bought the debt from Direct Legal & Collections, who bought the debt from Santander Credit card. I contacted them and offered £3500 (loan fm brother). They would accept £3800, but not as Full and Final settlement. I stopped contact and now waiting to hear from Stepchange to enter another DMP.

April 2016 received a letter from Reston Solicitors... Who? I Ignored it as I thought it was another PPS letter.
Then I receive an N55&N56 in the post where ive lived for 6 years the day after I went away on holiday 18th May 2016 and 7 days to get it to the court had gone! I suppose I ignored it because it had no court stamp on it (didnt look official) I'd never heard of the Judgement creditor Arrow Global Man.Ltd and the sum of £4840.18. And even if I had it, i'm hardly going to pay them direct if I didn't know them. It could have been a scam letter for all I knew! Then on 27th May I receive Notice of transfer of Proceedings for the bailiff to serve an N61. Now what?

I checked my credit file and I was served a CCJ in March 2016 at my OLD ADDRESS!
Credit file is POOR, but no reference of my oustanding debts from 2009 except a Barclaycard debt for £5400! I dont know who is chasing me for what anymore?

I really do not know what to do now....this has been going on for nearly 8 years. I've read on the site something about it all being cleared after 6 years? Is this true?

I'm on Tax credits to make up my income and I have no chance in paying this off....ever!!

Thanks for any advice and it will be appreciated.

Dee123

[PAWS]

Re: Help required please....N56 ignored and N61 on way.....

Hello Dee
I am giving this a bump for you and hopefully one of the beagles with the right know-how will get a chance to take a look.
You will get through this and believe me it does end.
Px

[Dee123]

Re: Help required please....N56 ignored and N61 on way.....

Hello Paws
Many thanks for 'bumping' this, much appreciated, but not heard anything from anyone yet? I'd like to jump of the Empire State building at the mo...

I have also received a letter from Ruthbridge yesterday. DLC have instructed them to collect £15,454.54. So the CCJ is not from DLC/Santander as I thought!

Panic!!!.......

Thanks again
Dee x

[Amethyst]

Re: Help required please....N56 ignored and N61 on way.....

It still sounds like you aren't sure what the CCJ is that led to the Attachment of Earnings order or this latest bailiff letter.

Arrow Global - £4840.18 - seems to be all the info you have.

The Santander / DLC debt isseparate.

So deal with the CCJ issue first as that's important.

First thing to do is ring Arrow and ask them about the court claim - tell them you had nothing until you received the N61.

If you have been in and out of DMPs then it's unlikely the debt will be statute barred. So it's a matter of finding out what debt it is for and either organizing a settlement arrangement with Arrow or applying to set aside the judgment on the grounds you have a valid defence (if you do) and did not receive the court papers. You will need to apply to set aside the judgment and the warrant of control.



For the Santander debt - send a CCA letter to DLC to try hold them up from court - CCA Request - as you need to concentrate on Arrow for the moment.

[Dee123]

Re: Help required please....N56 ignored and N61 on way.....

Phew.... thank you Amethyst!
I have just found the paper work for my one and only DMP. It is all starting to make sense now. My head was in panic mode, easy at my age!
The CCJ is for Santander (Arrow Global). As of 2011 it was £4747.47.
The letter from Ruthbridge are acting on behalf of DLC that was Virgin. £15454.54
How do I go about setting aside the judgment and the warrent of control please?
What I do not understand is that on Experian the CCJ is registered at my old address and I received the N55,N56 and N61 at my current address of 4 years? I received nothing about the CCJ prior to it been put on my credit file in March 2016.
And can I point out that I have not filled the Notice of Application for Attachment of Earnings Order (N56). Is it too late to send Arrow Global a CCA?

I will send the CCA request to Ruthbridge tomz..thank you!

Dee x

[Amethyst]

Re: Help required please....N56 ignored and N61 on way.....

Okay, good you sounded like you'd got yourself in a pickle.

So Santander debt was a credit card that sold to Arrow and Arrow obtained a CCJ in March 2016.

To set aside the judgment read Set Aside

There is a court fee of £255 so it is definately worth speaking with Arrow about the claim and debt.

Do you recall when you opened the account with Santander ?

If there were no major disputes with Santander, and it was relatively recent account ( ie after 2007) then you may not have a defence to the claim. You could still apply to set aside on the basis of the wrong address - however that would rely on your having informed creditors - maybe via your DMP - that you had moved. And lack of knowledge about the debt.

That could get the CCJ removed and you would have to then negotiate installment payments with Arrow.

Otherwise you could just negotiate with Arrow now and either agree a consent order with them to make monthly installments and no further enforcement action is taken, or apply to court to have payments determined reference to your income and expenditure.

Do you own your own home?

Have a read through the set aside info anyway and see what you think xxx

[Dee123]

Re: Help required please....N56 ignored and N61 on way.....

ha! Pickle is an understatement Amethyst!

Thank you for this....For now I will go away and digest.

Your a life saver....I know I'm just starting all this.....again, but always great to have someone helping me through it

Dee x

[Amethyst]

Re: Help required please....N56 ignored and N61 on way.....

We'll be here all the way and help you as much as we are able xxx

Even if things don't go the way you want them to, you'll be sorting it all out, and it's a big weight off your shoulders - I'm sure you felt that when you first went with Stepchange, just get back on the 'sorting it' wagon and you will be okay xxx

[Dee123]

Re: Help required please....N56 ignored and N61 on way.....

Thanks again Amethyst...yes, it felt like a miracle when the CCCS(Stepchange) took over....No calls, no letters... a big weight went.
So yes, im looking forward to getting this lot sorted....and sharing it is a kick for me to get it done


OK, CCA letter done to Ruthbridge Ltd (Virgin CC) and registered post in the morning with a £1 PO enc. Hopefully that will keep them a bay for a few weeks.

Yes, Santander CC (opened around 2008) sold the debt on to Arrow Global (Claimant) and Restons Solicitors Ltd are acting on their behalf at County Court Money Claims Centre.
I have had absolutely no correspondence from Arrow or knew who they were until I received the N56 and notice of the N61.
There were no major disputes, just paid all the debtors a nominal sum every month in the DMP and the CCCS knew my address.
Yes, I own my own home...interest only mortgage.
I rang Arrow up on Friday and got cut off, I will bite the bullet and call them again tomz!
The CCJ is on my file at old address, how was I supposed to know if the post/Court Order went there too?
I will look into the 'Set aside" I can feel myself getting quite annoyed as I did not rec. the Court Papers. If I had I would have done something about it obviously.

I will keep you posted after I have spoken to Reston Solicitors tomorrow.

Many thanks again!

Dee xx

[Debt Camel]

Re: Help required please....N56 ignored and N61 on way.....

When does your interest only mortgage end? Is there much equity at the moment? Are you in work at the moment? If you aren't, is Support for Mortgage Interest covering the whole mortgage payments?

You say you read about debts being cleared after 6 years - that is after 6 years of not making any payments. If you have been paying your debts in the DMP up to 2014/5, this isn't going to help you at all.