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

[Kati]

Re: Arrow global Guernsey ltd court hearing

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

[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

[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 .

[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]

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??

[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

[nemesis45]

Re: 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??

Please post a copy of the solicitors letter here after removing your name address and claim /reference number them we can advise more accurately.

nem

[Amberhun]

Re: Agree to set aside global

How do I post the letter here? It is from shoosmiths LLP without prejudice clever that they have wrote that so that I can not use it in court.

[nemesis45]

Re: Agree to set aside global

How do I post the letter here? It is from shoosmiths LLP without prejudice clever that they have wrote that so that I can not use it in court.

Good morning I will ask an expert to help with the letter.
[MENTION=49370]Kati[/MENTION] can you help please?

nemxx

[Kati]

Re: Agree to set aside global

How do I post the letter here? It is from shoosmiths LLP without prejudice clever that they have wrote that so that I can not use it in court.

Good morning I will ask an expert to help with the letter.
@Kati can you help please?

nemxx

Of course :nod:

If you can email it to me I'll make sure it's fully redacted and post up anything relevant xx

[nemesis45]

Re: Agree to set aside global

Of course :nod:

If you can email it to me I'll make sure it's fully redacted and post up anything relevant xx

Thank you [MENTION=49370]Kati[/MENTION] nemxx

[Amberhun]

Re: Agree to set aside global

Hi kati I have sent you an email with the letter attached. Thank you for your help

[Kati]

Re: Agree to set aside global

got it:

[Amberhun]

Re: Agree to set aside global

Please advise what you think to the letter thank you

[MIKE770]

Re: Agree to set aside global

[MENTION=1937]nemisis[/MENTION]45