**WON** Amberhun vs Arrow Global - CCJ Set Aside

[Amberhun]

Good day everyone. I have just found this site and i am hoping that you can help.
I moved home and I have recived a attachments of earnings from the court for a judgement I know nothing about. The papers look photocopied with also I note saying it is against the law and can incur a 14 day prison sentence if this form is not filled in. I do not know the debt company which is global arrow. I think this maybe a credit card from MBNA which I prosume have sold the debt on. What can I do. Please help

[Debt Camel]

Re: Urgent help help

You need to check up on this CCJ - and any others you may have missed? You can do it here http://www.trustonline.org.uk/search-yourself, you need to do a separate search for each address a creditor may have used. Or you could look at your credit record which would be free, but you will need to check that it has all your previous addresses linked, as otherwise a CCJ may not show up.

The papers you have got - is this an N56 form asking for details of your employment and expenses, possibly accompanied by a letter with a vague threat of prison? Or are you being summoned to a court hearing because you failed to complete an N56 form?

[Amberhun]

Re: Urgent help help

Yes a vague threat of prison if I do not fill the form in. They forms are n55 and n56. At the bottom right hand side it says produced by R. Thompson Hayes.

[Debt Camel]

Re: Urgent help help

what is the date of the CCJ?

do you know what the debt is for?

[Amberhun]

can a company who buy a loan have a right to get a CCJ

Good day everyone. Can some one help me please I am new here . I have had court papers from arrow global they registered a ccj against me back in 2014. Only just found out as they habe now asked for an earnings attachment order. So I habe asked the court to send me papers to have the judgement set aside. Apparently it is a bought debit from MBNA. However I moved house . But it is registered at the new address can a debt company who have bought your debt. Legally ask for a CCJ.? Is there anything I can do about habing the judgement set aside ? If I can what do I need to ask the court to do?

[Debt Camel]

Re: can a company who buy a loan have a right to get a CCJ

can a debt company who have bought your debt. Legally ask for a CCJ.?

yes - they have the same rights to get a CCJ as the original creditor would have

Is there anything I can do about having the judgement set aside ?

To have the judgment set aside you need a good reason why you didn't defend it (you never got the papers), a reason why it has taken so long (you have only just found out about it) and also a defence with a reasonable chance of success.

How old is this debt? Do you agree you owe the money? When did you last make a payment to it?

[Sparkie1723]

Re: can a company who buy a loan have a right to get a CCJ

Did you receive a notice of assignment from either MBNA or Arrow Global? If not...... it is not a completed " Legal" assignment and is an Equitable assignment..................if it is an Equitable assignment Arrow CANNOT sue you on their own they must be joined by MBNA on the Claim.
IF you did receive a notice of assignment then YES Arrow can sue you.
I hope you didn't receive a notice...........that gives you a good argument to set aside the claim.

Sparkie

I have no legal training only some knowledge of Equitable...Legal Assignments and Novations ..............seek real experienced advice on it all.

[Sparkie1723]

Re: can a company who buy a loan have a right to get a CCJ

What governs assignments is this..............Section 136 of the Law of Property Act 1925
Sparkie

136 Legal assignments of things in action.
(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—
(a)the legal right to such debt or thing in action;
(b)all legal and other remedies for the same; and
(c)the power to give a good discharge for the same without the concurrence of the assignor:

This is what RoslingKing LLP say about assignments These are Swift Advances PLC Solicitors by the way.

Under section 136 of the Law Property Act 1925 (“LPA 1925”) notice of assignment must be given to the other party to a contract (i.e. the borrower) expressly in writing. There is no prescribed time limit for giving notice but the assignment is only legally valid when the borrower receives the notice.

Until proper notice is given, only an equitable assignment has taken place. An equitable assignment differs from a legal assignment in that where there is a legal assignment the assignee can bring an action (e.g. for recovery of a debt) in its own name against the borrower.

Section 136 LPA 1925 is silent as to how the notice should be served.

[charitynjw]

Re: can a company who buy a loan have a right to get a CCJ

What governs assignments is this..............Section 136 of the Law of Property Act 1925
Sparkie

136 Legal assignments of things in action.
(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—
(a)the legal right to such debt or thing in action;
(b)all legal and other remedies for the same; and
(c)the power to give a good discharge for the same without the concurrence of the assignor:

This is what RoslingKing LLP say about assignments These are Swift Advances PLC Solicitors by the way.

Under section 136 of the Law Property Act 1925 (“LPA 1925”) notice of assignment must be given to the other party to a contract (i.e. the borrower) expressly in writing. There is no prescribed time limit for giving notice but the assignment is only legally valid when the borrower receives the notice.

Until proper notice is given, only an equitable assignment has taken place. An equitable assignment differs from a legal assignment in that where there is a legal assignment the assignee can bring an action (e.g. for recovery of a debt) in its own name against the borrower.

Section 136 LPA 1925 is silent as to how the notice should be served.

Section 196 isn't silent.

(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [F1by the postal operator (within the meaning of [F2Part 3 of the Postal Services Act 2011]) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

(5) The provisions of this section shall extend to notices required to be served by any instrument affecting property executed or coming into operation after the commencement of this Act unless a contrary intention appears.

(A contrary intention would, for example, be a clause in the contract/agreement which permits service in an alternative way, ie 1st class post, etc.
As registered post no longer exists, I believe that it has to be recorded delivery)

NB: s196 might not be silent about it, but you might be doing yourself a favour if you were silent re the potential defective service of the NoA :tinysmile_twink_t2:

[Sparkie1723]

Re: can a company who buy a loan have a right to get a CCJ

Section 196 isn't silent.
...............Quote CTYNJW .....HIYA mate............. I've read the whole Act 3 times and That's why I asked if a notice was received.............however there is a case law that the debtor must have full knowledge of it being Legally assigned......................must be recorded delivery or signed for as it is now............just because the assignment notice doesn't get returned if its sent ordinary mail is no longer regarded in law as being acceptable, mail can and does get lost .....Over a million items a year ....Royal Mails last count.

More of my ramblings ....BUT
I'll be fighting Swift on this issue in about 12 months

Sparkie

[Amberhun]

Re: can a company who buy a loan have a right to get a CCJ

Thank you very much. Not ever recived a notice of asignment. I have moved home 3 or 4 times in a couple of years to escape domestic violence. So I have not paid any bills and was not a we're of such action. I spoke to the court they said the debt is in relation to an MBNA card. Also same company has just sent me a other court paper to register another CCJ both MBNA. Both debts are from about 2011

[Kati]

Re: can a company who buy a loan have a right to get a CCJ

Thank you very much. Not ever recived a notice of asignment. I have moved home 3 or 4 times in a couple of years to escape domestic violence. So I have not paid any bills and was not a we're of such action. I spoke to the court they said the debt is in relation to an MBNA card. Also same company has just sent me a other court paper to register another CCJ both MBNA. Both debts are from about 2011

You've received a claim form??

[Amberhun]

Arrow global Guernsey ltd court hearing

Good day everyone. Can some one help please. I have asked to have a hearing to have a ccj set aside on the grounds that I did not receive any documents to say the loan was sold on. So I am urgently needing some help to try and fight this ccj. I do owe the money however due to ill health I was paying a pound a month. Then I moved around for a while fleeing domestic violence. The court paperwork says legally assigned. What really does this mean and what are your rights. Debt is credit card. MBNA it was 5.000 but with all there interest is now 6.500.
How can a state my case? As I knew nothing about a ccj or being chased for this debt. Which is about 5 years old now. Stressed out with worry. Please advise. Are arrow global part of MBNA?

[PAWS]

Re: Arrow global Guernsey ltd court hearing

Just giving this a bump for you and I am sure someone with the right knowledge will advise soon. Arrow Global are not part of MBNA and probably bought the debt some time ago. I notice you posted about a similar issue in March and wonder if it is the same problem.
Try not to get too stressed out- I know easier said than done but it seems like you have faced worse issues than this and fought your way through. You will get through this as well- most of us have and even if you do not succeed in getting the default removed it will not be stuck with you for the rest of your life. I would advise you to take a bit of time to browse this site (middle of the night when you are awake fretting is always a good time!) and you will discover that Debt Collection companies like Arrow often lose and the ordinary people like you and I often win.

[Amberhun]

Re: Arrow global Guernsey ltd court hearing

Just giving this a bump for you and I am sure someone with the right knowledge will advise soon. Arrow Global are not part of MBNA and probably bought the debt some time ago. I notice you posted about a similar issue in March and wonder if it is the same problem.
Try not to get too stressed out- I know easier said than done but it seems like you have faced worse issues than this and fought your way through. You will get through this as well- most of us have and even if you do not succeed in getting the default removed it will not be stuck with you for the rest of your life. I would advise you to take a bit of time to browse this site (middle of the night when you are awake fretting is always a good time!) and you will discover that Debt Collection companies like Arrow often lose and the ordinary people like you and I often win.

Thank you paws for your support yes I did in march. How do they legally asign a debt?

- - - Updated - - -

Thank you paws. How do companies legally assign a debt? How do you know if they have done this?