Arrow Global/Bryan Carter-CCJ's -Help please

[blackhorse99]

Hi there,

need some help with the CCJ's...

I had 2 CCJ's in July 2012 and both are from same company.

Claimant is Arrow Global Guernsey Limited. Name and address for payment is Bryan Carter solicitors LLP.

As per the court order on the CCJ's, i have been paying £50 on each of the accounts as Direct Debit to Bryan Carter since August 2012.

Suddenly Bryan Carter decided to cancel the direct debit in July 2013 and now the payments are not going through and im not sure what the reason is...

Now my question is .....Is it possible to Set aside both the CCJ's since the Claimant is not deducting the payments and cancelled the direct debits ?

Thanks

[Gorang]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

Hi and welcome to the forum

Suddenly Bryan Carter decided to cancel the direct debit in July 2013 and now the payments are not going through and im not sure what the reason is...

Have you contacted them or your bank and asked WHY the DD was cancelled???

Is it possible to Set aside both the CCJ's since the Claimant is not deducting the payments and cancelled the direct debits ?

No that is NOT a good enough reason for the judgements to be set aside as it can be argued that the CCJ's were obtained legally and rightfully (but seeing as its Carters then I doubt they were) and this is about payment, therefor 2 separate issues (if that makes sense)

You need to find out WHY the DD were cancelled for a start I think

then can you answer this questions??

1-Do you know what the debts were??
2-When the accounts opened??
3-When you last made payment to them before they obtained the CCJ's for them??
4-Did you ever make any formal request (CCA, SAR or CPR) for any of the accounts ?? if so when and what was the replies???
5-Did you acknowledge the claims or defend them when the summons's came through your door??
6-Did the summons's come through your door??
7-How much (roughly) money were the CCJ's for???
8-Was the CCJ granted by default as you didn't know about them or didn't defend them???
9-Can you give a brief history of what has happened and when for these accounts??

sorry for all the questions but the answers will give us a clearer picture of what has happened and when and why, so we can see if you have any grounds to have the CCJ's set aside

[blackhorse99]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

Hi Gordon, Thanks for your reply.

Yes, i have contacted my bank and they said to speak to Bryan Carter.
Contacted Bryan Carter and they have agreed that they have cancelled the DD and now my account is with Arrow Global and i should deal with them.
Contacted Arrow Global - now these guys say that one of my account is transfered to Wescot and other to Restons !!
Im confused as to why these many transfers between DCA companies.....when court Order was to pay Bryan Carter....

1-Do you know what the debts were??
A : MBNA & Virgin ( i think it's MBNA now)
2-When the accounts opened??
A; account were opened in 2004 & 2005
3-When you last made payment to them before they obtained the CCJ's for them??
A : cant remember but it was sometime in 2010.
4-Did you ever make any formal request (CCA, SAR or CPR) for any of the accounts ?? if so when and what was the replies???
A: i have SAR for both the accounts which i received in June 2013. And i did apply for PPI in June 2013....Could this be the reason why the DD's were cancelled in July 2013 and now transferes are happening ?
5-Did you acknowledge the claims or defend them when the summons's came through your door??
A; i haven't received any claim forms. These CCJ's are suprise to me.
6-Did the summons's come through your door??
A : I have a redirection from old to new address.
7-How much (roughly) money were the CCJ's for???
MBNA - 4092.26 - 550 Paid by DD = 3542 balance
Virgin MBNA - 4457.78-550 Paid by DD = 3907 balance
8-Was the CCJ granted by default as you didn't know about them or didn't defend them???
A : CCJ's were granted by default.
9-Can you give a brief history of what has happened and when for these accounts??
Everything was going fine since 2004 on both the accounts. These defaults started happening when i lost my job in 2010. I have explanied the situtation to MBNA but they didnt agree and minimum payment of £33 were paid for some time on both the account. Later i found it difficult to pay these payments as well and it ulimately went to Bryan Carter. BC started chasing for payments, explained then the situtation and ask them for some time but they dont want to listen. they starting sending letter and making calls. ignore them. they were quite for sometime. i have moved to new address and then these ccj's came through as i have redirection from my old address to new. I went back to my old address and asked them if i
had any letters, they said they haven't received anything in that week and they use to send back any letters for previous tenants.
Since i was shocked and didnt know what to do after receiving CCJ's, i called up Bryan Carter to make the payments by DD.

Please advice as im bit confused what to do now...

Thanks
AJ

[FlamingParrot]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

I had 2 CCJ's in July 2012 and both are from same company.

Claimant is Arrow Global Guernsey Limited. Name and address for payment is Bryan Carter solicitors LLP.

As per the court order on the CCJ's, i have been paying £50 on each of the accounts as Direct Debit to Bryan Carter since August 2012.

Suddenly Bryan Carter decided to cancel the direct debit in July 2013 and now the payments are not going through and im not sure what the reason is...

Now my question is .....Is it possible to Set aside both the CCJ's since the Claimant is not deducting the payments and cancelled the direct debits ?

That wouldn't be grounds for set aside, however, you may have other grounds. To apply for set aside, you'd need to show the court that:

• there was a good reason why you didn't defend the claim in the first place, such as not receiving the court papers despite the creditor having your current address, being in hospital, being unable to attend the hearing, etc.

AND

• that, should the set aside be successful, you would have a good argument to defend the claim.

You'd need to fill in an N244 form and pay an £80 fee, which can be waived in certain cases: http://hmctsformfinder.justice.gov.u...ctober-eng.pdf

See this for reference: http://www.nationaldebtline.co.uk/en...e_county_court

[FlamingParrot]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

1-Do you know what the debts were??
A : MBNA & Virgin ( i think it's MBNA now)
2-When the accounts opened??
A; account were opened in 2004 & 2005
3-When you last made payment to them before they obtained the CCJ's for them??
A : cant remember but it was sometime in 2010.

OK, so they weren't SBd.

5-Did you acknowledge the claims or defend them when the summons's came through your door??
A; i haven't received any claim forms. These CCJ's are suprise to me.
6-Did the summons's come through your door??
A : I have a redirection from old to new address.

7-How much (roughly) money were the CCJ's for???
MBNA - 4092.26 - 550 Paid by DD = 3542 balance
Virgin MBNA - 4457.78-550 Paid by DD = 3907 balance
8-Was the CCJ granted by default as you didn't know about them or didn't defend them???
A : CCJ's were granted by default.

If you can show the court that redirection was in place at the time the claims were issued, you may be able to apply for set aside, but you'd also need a solid defence.

The issue I can see here is that you never sent a CCA request, just a SAR, and the duty to respond to a CCA request ends once judgment has been obtained, so it would be difficult to ascertain whether they would have a properly executed agreement.

Did you get a default notice from MBNA for both accounts?
Did you get a notice of assignment to Arrow for both accounts?

Later i found it difficult to pay these payments as well and it ulimately went to Bryan Carter. BC started chasing for payments, explained then the situtation and ask them for some time but they dont want to listen. they starting sending letter and making calls. ignore them. they were quite for sometime. i have moved to new address and then these ccj's came through as i have redirection from my old address to new.

Did you ever receive letters from Bryan Carter at your new address? Did you ever give them your new address? How long ago did you move?

[FlamingParrot]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

4-Did you ever make any formal request (CCA, SAR or CPR) for any of the accounts ?? if so when and what was the replies???

A: i have SAR for both the accounts which i received in June 2013. And i did apply for PPI in June 2013....Could this be the reason why the DD's were cancelled in July 2013 and now transferes are happening ?

When you say you applied for PPI, did you reclaim PPI after the CCJs were obtained? Was that for both accounts? What was the outcome? How much was the PPI?

9-Can you give a brief history of what has happened and when for these accounts??
Everything was going fine since 2004 on both the accounts. These defaults started happening when i lost my job in 2010. I have explanied the situtation to MBNA but they didnt agree and minimum payment of £33 were paid for some time on both the account.

You say above there was PPI. Did you claim on the PPI when you lost your job?

[blackhorse99]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

Thanks fro your reply Flaming Parrot.

Did you get a default notice from MBNA for both accounts?
I think i got the default notice from MBNA for both the accounts.

Did you get a notice of assignment to Arrow for both accounts?
I didn't receive any notice of assignment from Arrow.

Did you ever receive letters from Bryan Carter at your new address? Did you ever give them your new address? How long ago did you move?
No letters received from BC to new address. I gave them the new address after i received CCJ's. It has been more than 2 years since i have moved.

When you say you applied for PPI, did you reclaim PPI after the CCJs were obtained? Was that for both accounts? What was the outcome? How much was the PPI?
I have applied for PPI on both the MBNA accounts in July 2013, thats when i have noticed it in the SAR. Received rejection letter from MBNA in August 2013. Then i have sent the papers to FOS with all the details/papers to investigate the matter. Haven't received any decision from FOS as of now.

You say above there was PPI. Did you claim on the PPI when you lost your job?
I have applied for PPI on these account only in July 2013 that when i noticed it in the SAR. I don't even know that i have PPI on these accounts. Never claimed any PPI on these accounts earlier.

[FlamingParrot]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

In view of the above, you could have grounds to apply for set aside. The main hurdle would be the fact that you didn't provide the creditor with your new address when you moved, although you had a redirection in place and you should be able to show this fact to the court, yet you didn't receive the claim forms. With regards to a potential defence, you could argue this account was disputed on the basis of mis-sold PPI, since you weren't even aware you had the insurance when you lost your job, it could also be argued you never received any PPI terms which should have been present on your agreement.

You may want to dig up the DN from MBNA and post it up here, after removing your personal details. It would be interesting to see because a lot of them were dodgy.

If you never received a NoA to Arrow, that could also work in your favour.

At the end of the day, it's up to the court to grant the set aside, but you should be prepared to show you have substantial grounds to defend this claim as having it set aside doesn't mean the claimants couldn't re-issue the claim.

[blackhorse99]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

Thanks for your reply Flaming Parrot

whats the abrivation of ''DN''.

i spoke to this law firm to find out about the charges to set aside ccj and they said it will cost me £1200 on each account....cant afford !! thinking to go by myself ....
could you please let me know with the above grounds whats the possiblity of success rate. If im not successful then will the court fine me or anything that ?

[blackhorse99]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

Got it DN is default notice ....i will post it in the evening ..

[FlamingParrot]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

i spoke to this law firm to find out about the charges to set aside ccj and they said it will cost me £1200 on each account....cant afford !! thinking to go by myself ....

:scared: :scared: :scared:

could you please let me know with the above grounds whats the possiblity of success rate.

I'm sorry I can't tell you what the court may decide, because in your case, it would be at their discretion, as it doesn't fall into any of the categories when the court MUST set aside the CCJ:

Default judgment

You may have a default judgment made against you where there was no hearing and you have not sent back the ‘acknowledgment of service’ form to say you intend to put in a defence. You may also have a default judgment made against you if you have not sent in the reply form asking for time to pay within the time limits.

When must the court set aside the judgment?

The court must set aside the default judgment if you:

• have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment;
• sent back the acknowledgment of service form within the time limit;
• put in a defence within the time limit; or
• sent in the reply form within the time limit asking for more time to pay.

The court must set aside the judgment in these circumstances, even if you do not have a defence.
There is no time limit for making an application on these grounds.

When is it up to the court to decide?

The court may agree to set aside the default judgment even if you did not send in a reply form within the time limit if:

• the court thinks you have a real chance of a successful defence to the claim; or
• the court thinks there is some other good reason why the judgment should be set aside.

If im not successful then will the court fine me or anything that ?

No, there's no reason why they should fine you, or take any action for an unsuccessful application, as long as you stick to the facts and don't lie. :lie:

[blackhorse99]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

Hi Flaming parrot

Please find below Default Notice sent by MBNA on their letter head....


IMPORTANT-YOU SHOULD READ THIS CAREFULLY
Default Notice Served under Section 87(1) of the consumenr credit Act 1974
Dear Mr...
Credit Card Agreement : xxxxxxxxxxxxxxxx
We refer to the above agreement which you have entered into with us. You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of your credit agreement provides that, subjected to sending you any notice required,you must immediately pay your whole balance if you repeatedly break this agreement and fail to sort the matter out. A stop has been placed on your card and a default has now been registered against this account at the credit reference agencies.
This statutory notice is to tell you that, in order to remedy this breach, you must pay the full amount of your outstanding balance which is £3905.26 by 27/09/2010
IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.
IF YOU DO NOT TAKE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.
On or after date shown, your account will be closed and your credit agreement will be terminated. We may also take court proceedings to recover the whole amount owed by you to us. Further statements will not issued. Please note that if we terminate your credit agreement, you will still be personally liable to pay all amounts which become due to us, for example, any subscriptions and regular payments that you have not stopped or outstanding credit-card cheques.
IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.
IF YOU ARE NOT SURE WHAT TO DO,YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS ADVICE BUREAU.
This notice should include a copy of the current office of fair trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one.
Yours sincerely
Ben Erwin
Head of Recovery & Risk Operations

[Gorang]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

Black horse

What is the date on that DN??
ie there should be a date at the top of when it was made then posted as well as the date you have typed above of when you had to pay up by
I assume that it is MBNA's name that is on the top of the DN, is that correct?? (just double checking this)

Have you checked your credit files with the credit reference agencies (Experian, Equifax and Call credit) about this account???
If you have then
what date was the default registered on your credit files??
and which company has registered the default

If you haven't checked yet then it would be advisable to do so to get the answers to the last 2 questions as they could prove to be in your favour

Default process works by
Them sending a DN to you and you should get 14 clear days to rectify the default + 2 days postage (if I remember right on the postage time) BEFORE they register the default on your credit file,
companies regularly DON'T comply with the time scales for a DN then registration of default, so IF they haven't in your case then that could also add another part to your defence

[blackhorse99]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

Hi Gordon,

The date on the DN is 08/09/2010.
Yes, 27/09/2010 is the date to pay full amount.
On the top right hand the address mentioned is
MBNA Europe Bank Limited
Customer Assistance Department
PO Box 30
Chester Business Park
Chester
CH4 9FD
www.mbna.co.uk

i have checked my credit expert. it says..
Lender - MBNA Ltd,
status- default & date as 01/09/2010
balance - ''Satisfied''
last updated - 29/01/2012
and it is also mentioned as Debt assigned to CAIS (debt sold to another Member of information sharing scheme) & start date as 01/01/2012.

The current balance is under
Lender - Arrow Global Limited
status-default
balance -3542
last updated -14/07/2013

the default notice was sent 8/09/2010 by mbna but default was registered on credit file by mbna on 01/09/2010 !!

i think you made a good point Gordon...
thank you..

[Gorang]

Re: Arrow Global/Bryan Carter-CCJ's -Help please

the default notice was sent 8/09/2010 by mbna but default was registered on credit file by mbna on 01/09/2010 !!

So they register the DN 1 week BEFORE they send the DN to you, that's nice of them as that forms another part of your defence


Did you get that DN in reply to your SAR???

Also what else did you get from them (can you list the docs they sent you) in reply to your SAR??
each one will need to be looked at carefully in light of the above DN