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CCJ intentionally sent to old address by Restons for Arrow Global
I'm trying to sort this out for my wife. Apologies if the story isn't summarised better for the forum.
She took out an HP car finance with Black Horse Finance in 2013. After about 6 months after having the vehicle, i had a major motorcycle accident and was hospitalised. I was the main earner and being self employed, i couldn't return to work for almost a year.
My wife was in the process of moving fully to my address and also learning to drive with an L plate.
She told Black Horse after missing a few payments that she wanted to make smaller payments and is also considering returning the car and paying whatever the shortfall will be.
She informed them that the vehicle would be useless if she doesn't have her husband to drive with her since she was on an L Plate.
She told them her new address and said she will let them know within the month what the surgeon suggests my recovery time will be.
If a few months, means she pays less monthly, a longer time means she gives the car back . They agreed over the phone but no communication in writing.
Rather than wait, they decided to repossess the car in the middle of the night. They told her that ALL items in the car and BOOT was seized including electronics like the GPS, her clothes and memorables like picture albums. She was told only house keys or baby related items can be given back, she was advised a settlement figure will be sent.
A few months afterwards, she was told £4500 was due. I asked her to query this and ask for a statement showing how much car sold for especially sine we paid a decent deposit and the car was got at a bargain. Black Horse sent a reduced demand later for £1000 WITHOUT THE DETAILS, we paid for a few months but stopped when they still wouldn't send the proof. We kept chasing this shortfall calculation but the debt got sold off instead.
The debt has been sold FIVE TIMES to DCAs and all of them just sell it on whenever the amount is queried, ALL of them wrote to her at current address. Unfortunately, all our attempts to resolve has always been over the PHONE rather than in writing. We've been naive, thinking that it will be written off.
The last letter received was in April 2016 from Arrow Global and iDem Servicing at her current address informing that debt sold to each other.
I checked her credit file and also Trust online and have paid most of her debts off. No CCJs showing until her recent report showing CCJ issued in August 2016 at OLD address for £586!!.
We believe this is intentional and was told by Arrow to contact their solicitor, Restons.
Restons sols claim that their client always give last known address but are willing to talk to them if i could send proof they wrote her at right address and was given email address to send to.
I have sent the proof ( letters from original creditor, DCA selling & DCA buying) and also insisted that she STILL CONTESTS the amount. She got an auto reply claiming 10 DAYS needed to respond.
It's the 10th day today, should i call Restons again or just pay the £255 for setting aside in court? Should my application include a defence that asks for the full statement? or wait till they try and reapply for CCJ again?
If CCJ set aside, is there anything i need to do to make sure it's final, so that they can't claim same debt later on?
Is her best option to call their sols and ask for a consent order, pay £100 instead and pay the full £586 or an agreed lower figure?
If they are able to provide the detailed statement of the car auction etc ( i doubt it), can they ever demand more than £586 at any stage?
Is there anything we can do to make the court look deeper into Arrow or Restons affairs?, I read in a different forum that CCJs at old address are often intentional since most people wont know how to defend or pay the fee to set aside and even when they do, the DCA can insist on full payment after reissuing the CCJ later at right address.
She took out an HP car finance with Black Horse Finance in 2013. After about 6 months after having the vehicle, i had a major motorcycle accident and was hospitalised. I was the main earner and being self employed, i couldn't return to work for almost a year.
My wife was in the process of moving fully to my address and also learning to drive with an L plate.
She told Black Horse after missing a few payments that she wanted to make smaller payments and is also considering returning the car and paying whatever the shortfall will be.
She informed them that the vehicle would be useless if she doesn't have her husband to drive with her since she was on an L Plate.
She told them her new address and said she will let them know within the month what the surgeon suggests my recovery time will be.
If a few months, means she pays less monthly, a longer time means she gives the car back . They agreed over the phone but no communication in writing.
Rather than wait, they decided to repossess the car in the middle of the night. They told her that ALL items in the car and BOOT was seized including electronics like the GPS, her clothes and memorables like picture albums. She was told only house keys or baby related items can be given back, she was advised a settlement figure will be sent.
A few months afterwards, she was told £4500 was due. I asked her to query this and ask for a statement showing how much car sold for especially sine we paid a decent deposit and the car was got at a bargain. Black Horse sent a reduced demand later for £1000 WITHOUT THE DETAILS, we paid for a few months but stopped when they still wouldn't send the proof. We kept chasing this shortfall calculation but the debt got sold off instead.
The debt has been sold FIVE TIMES to DCAs and all of them just sell it on whenever the amount is queried, ALL of them wrote to her at current address. Unfortunately, all our attempts to resolve has always been over the PHONE rather than in writing. We've been naive, thinking that it will be written off.
The last letter received was in April 2016 from Arrow Global and iDem Servicing at her current address informing that debt sold to each other.
I checked her credit file and also Trust online and have paid most of her debts off. No CCJs showing until her recent report showing CCJ issued in August 2016 at OLD address for £586!!.
We believe this is intentional and was told by Arrow to contact their solicitor, Restons.
Restons sols claim that their client always give last known address but are willing to talk to them if i could send proof they wrote her at right address and was given email address to send to.
I have sent the proof ( letters from original creditor, DCA selling & DCA buying) and also insisted that she STILL CONTESTS the amount. She got an auto reply claiming 10 DAYS needed to respond.
It's the 10th day today, should i call Restons again or just pay the £255 for setting aside in court? Should my application include a defence that asks for the full statement? or wait till they try and reapply for CCJ again?
If CCJ set aside, is there anything i need to do to make sure it's final, so that they can't claim same debt later on?
Is her best option to call their sols and ask for a consent order, pay £100 instead and pay the full £586 or an agreed lower figure?
If they are able to provide the detailed statement of the car auction etc ( i doubt it), can they ever demand more than £586 at any stage?
Is there anything we can do to make the court look deeper into Arrow or Restons affairs?, I read in a different forum that CCJs at old address are often intentional since most people wont know how to defend or pay the fee to set aside and even when they do, the DCA can insist on full payment after reissuing the CCJ later at right address.
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