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

[R0b]

Re: Agree to set aside global

I've tagged [MENTION=55034]nemesis45[/MENTION] to help.

What is the debt for?
When did you last make a payment?

I would hold off filling in paperwork until you know what position you are in as soon as you send it back to them you are acknowledging the debt and if there is any argument that the claim to obtain a judgment against you is out of time the. It will be void.

Might be best to wait for some further advice before doing anything hasty

[Amberhun]

Agree to set aside global

Help help. Panic. I am due to attend Court on the 29th of April. However I got a letter not from aroow Global but from a firm of solicitors which are debt collection solicitors. Saying that there client agrees to set a side the judgement ,due to me not receiving them and having moved. They are now are asking for full personal details and income. I am warry about doing this as they still have not stated or shown proof of legal assignment. Do I reply stating I agree but continue to ask for proof. Or fill in all there paperwork relating to income and what I can afford to pay them back each month??

[charitynjw]

Re: Arrow global Guernsey ltd court hearing

[QUOTE=Amberhun;641840]

Good morning,

Arrow Global is a debt purchaser and has bought the account/debt from MBNA. Legally Assigned refers to an Deed of Assignment made between AG and MBNA ( the contract for the sale of the debt)

Please provide some in depth details :

1. When was the claim issued?

2. When was judgement given?

3. Did you receive the court claim pack?

To set a judgement aside you have need a defence to the original claim that " has a reasonable chance of success. There is a fee payable for the application.

The documents you refer to regarding the sale of the debt are known as Notice of Assignment which can be sent by the original creditor and/or the debt purchaser and may sometimes be mistaken for a standard debt collection letter.



The debt was registered in 2014 as a judgrment which I was not a we're off. The first I knew about a judgement was a few weeks ago when a letter came through the door from the court asking for an attachment of earnings. I don't owe the 6.500. My card was 5.000 this was due to me becoming I'll with depression and fleeing domestic violence. The debt would be from 2010. I have a court hearing on the 29th and I want to defend it as . I never knew it had been sold on. I also don't know how they legally assign a debt. I never recived any court papers. Until now. I was moving around alot .

Hi Amberhum

Imho, fleeing domestic abuse, esp if you needed to keep a new address(s) secret, is a pretty good reason for being unaware of the court claim/default judgment.
Can you substantiate this?

Also, isn't it strange that the claimant gives your previous address on the claim form, but when it comes to enforcing the judgment
they can magic up your current address? A more cynical person than myself might conclude that it was a deliberate ploy to secure a default judgment.

Are you currently working? (If not, how can they get an AoE?)

Also, if you're on low income, you may be eligible for fee remission. (Court form EX160)
You would need to do this via your local county court - they cannot give legal advice, but this is admin, so it's ok to see them.

[Amberhun]

Re: Arrow global Guernsey ltd court hearing

[QUOTE=nemesis45;641537]Good morning,

Arrow Global is a debt purchaser and has bought the account/debt from MBNA. Legally Assigned refers to an Deed of Assignment made between AG and MBNA ( the contract for the sale of the debt)

Please provide some in depth details :

1. When was the claim issued?

2. When was judgement given?

3. Did you receive the court claim pack?

To set a judgement aside you have need a defence to the original claim that " has a reasonable chance of success. There is a fee payable for the application.

The documents you refer to regarding the sale of the debt are known as Notice of Assignment which can be sent by the original creditor and/or the debt purchaser and may sometimes be mistaken for a standard debt collection letter.



The debt was registered in 2014 as a judgrment which I was not a we're off. The first I knew about a judgement was a few weeks ago when a letter came through the door from the court asking for an attachment of earnings. I don't owe the 6.500. My card was 5.000 this was due to me becoming I'll with depression and fleeing domestic violence. The debt would be from 2010. I have a court hearing on the 29th and I want to defend it as . I never knew it had been sold on. I also don't know how they legally assign a debt. I never recived any court papers. Until now. I was moving around alot .

[nemesis45]

Re: 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?

Good morning,

Arrow Global is a debt purchaser and has bought the account/debt from MBNA. Legally Assigned refers to an Deed of Assignment made between AG and MBNA ( the contract for the sale of the debt)

Please provide some in depth details :

1. When was the claim issued?

2. When was judgement given?

3. Did you receive the court claim pack?

To set a judgement aside you have need a defence to the original claim that " has a reasonable chance of success. There is a fee payable for the application.

The documents you refer to regarding the sale of the debt are known as Notice of Assignment which can be sent by the original creditor and/or the debt purchaser and may sometimes be mistaken for a standard debt collection letter.

nem

[Kati]

Re: Arrow global Guernsey ltd court hearing

:bump: [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx

[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?

[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]

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?

[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]

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

[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

[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

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.

[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.