New member with old debts being pursued by Arrow Global

[Hagar1965]

I have just joined re the above issues as need help to stop them getting a stay lifted. Debt will be 6Yrs 4 Months and 6 Days old at that point.

[Hagar1965]

Case was stayed on 13/4/2016 then
an application was made to lift it around 22/4/17 but it was invalid and disallowed
it was ten lifted on 23rd April 2017 all of latter being at CCBC
Case was then transferred to local court on 22nd Aug 17 but I beleive that was also stayed
and now their trying to lift stay and get a summary judgement on 29th April 2019.

I need to know if they can get it lifted so many times and also as debt will be out of time on day of attempted lift
will that count ?.
In addition the so called proof they have provided by the bank which has no bank details on says i was making
payments by standing order and I know for certain this was not the case as I was paying cash in at post office
all at a time when I was suffering from severe depression.

All advice welcome.

[Amethyst]

If the stay was refused previously do you know for what reason that was? Had you defended against their application or did the court just decide off their own back ?

Do you have the current application they have made to lift the stay and request summary judgment ? Presumably that says ' we have all the info now, had to get it off original creditor etc ' and provides relevant documents ? So you now want to defend that application and try and have the claim struck out instead.

What was the original debt ? ( is it consumer credit like a credit card / doorstep loan etc ? )

[Hagar1965]

Hi It's a debt to bank current account overdraft joust over 5K.

They are claiming that they needed and used the time to get info off creditor but the docs supplied
have no bank ID on there just printouts of some system.
They say I was paying by Standing Order which I wasn't as I was taking what cash
I could get into Post Office and paying in over the counter. I probably have some of the receipts.

The stay around April 17 was rejected originally as being invalid according to chap I spoke to at CCBC today.
but they got it reinstated on 23/4/17.

I have at some point filed a defence saying I thought debt was statute barred but they claim I paid a £20 Standing order on 09/11/2012
and I doubt that very much.

[Hagar1965]

I could scan all docs to PDF and load here I think if that helps

[Amethyst]

Get your bank statement from 9/11/2012 - that would be useful if that's the only payment keeping it from being stat barred. If there are other payments you dispute ( like any standing order payments they show in this transaction list ) then showing a couple statements to show you didnt make those would also help bring the rest of their case into doubt. You can usually get specific statements on request for £5 each - otherwise a SAR to your bank for transaction lists from 2011/12 could be requested - they may not hold them over 6 years so I think asking directly for specifics first would be a good idea.

Was your overdraft £5k odd ? or is there a loan/ credit card amalgamated into this debt amount somewhere ?

Their latest application would would be useful to be able to help you respond to/defend it. If your defence is strong enough you could counter and consent to the stay being lifted but dispute that's its suitable for summary judgment and ask that it goes to hearing.