Egg Banking / Arrow Global

[fsm]

Hi,
I was taken to the County Court by Egg, and on 09/11/2010 they were awarded a judgement against me for the amount of £3580.79, which I agreed to repay at the amount of £60.00 per month.
On 09/11/2011, Egg sold this to Arrow Global and I continued paying the £60.00 monthly until 06/11/2012. I then stopped paying this because I was struggling financially.
I then heard no further until 05/09/2014, when I got a letter from a company called Debt Managers. I ignored this and they went away, but I have now recently been contacted by Wescot Credit Services on behalf of Arrow.
My question is, if Arrow Global wanted to start legal proceedings against me can they use the original CCJ that was purchased as part of this debt, or do they have to start afresh.
As the date of the original agreement with Egg was 01/02/2008, should I write to Arrow and ask for a copy of any contract, under the Consumer Credit Act 1978 or am I wasting my time because in paying them after the debt was sold to them, I am admitting that I owe the money.
Any help would be appreciated,
Thanks,
fsm

[Captain Haddock]

Re: Egg Banking / Arrow Global

Well, if you stopped paying in November 2012 that was, one assumes, your last acknowledgement of the debt and to become statute barred it would have to be six years from that date so CCing them seems irrelevant, if that was your angle.

The CCJ is a big issue, though. Wescot aren't particularly smart when it comes to paperwork but they may well know about the CCJ. Your home and possessions could be at stake if they decided to send in the bailiffs and these guys' charges rack up faster than a dog on a rabbit.

[fsm]

Re: Egg Banking / Arrow Global

Hi,
Thanks for your reply, but is a CCJ transferred to the new owner if the debt is sold on??
fsm

[fsm]

Re: Egg Banking / Arrow Global

Hi,
Any thoughts on this please anybody??

[nemesis45]

Re: Egg Banking / Arrow Global

Hi,
I was taken to the County Court by Egg, and on 09/11/2010 they were awarded a judgement against me for the amount of £3580.79, which I agreed to repay at the amount of £60.00 per month.
On 09/11/2011, Egg sold this to Arrow Global and I continued paying the £60.00 monthly until 06/11/2012. I then stopped paying this because I was struggling financially.
I then heard no further until 05/09/2014, when I got a letter from a company called Debt Managers. I ignored this and they went away, but I have now recently been contacted by Wescot Credit Services on behalf of Arrow.
My question is, if Arrow Global wanted to start legal proceedings against me can they use the original CCJ that was purchased as part of this debt, or do they have to start afresh.
As the date of the original agreement with Egg was 01/02/2008, should I write to Arrow and ask for a copy of any contract, under the Consumer Credit Act 1978 or am I wasting my time because in paying them after the debt was sold to them, I am admitting that I owe the money.
Any help would be appreciated,
Thanks,
fsm

Hi,

The original agreement is of no relevance now, the CCJ supercedes it totally. No point in sending a CCA request.
A CCJ stops the 6 year limitations clock on the date of issue.
Arrow will consider if it is worthwhile having the claim transferred to its name, based on the
remaining balance.

nem

[nemesis45]

Re: Egg Banking / Arrow Global

Well, if you stopped paying in November 2012 that was, one assumes, your last acknowledgement of the debt and to become statute barred it would have to be six years from that date so CCing them seems irrelevant, if that was your angle.

The CCJ is a big issue, though. Wescot aren't particularly smart when it comes to paperwork but they may well know about the CCJ. Your home and possessions could be at stake if they decided to send in the bailiffs and these guys' charges rack up faster than a dog on a rabbit.

A debt subject to a CCJ cannot become statute barred, the Public Information entry is removed after 6 years from the judgement date.

nem

[Captain Haddock]

Re: Egg Banking / Arrow Global

Sorry, Nem, I didn't word that correctly. Thanks for the correction.

[FlamingParrot]

Re: Egg Banking / Arrow Global

Hi,
I was taken to the County Court by Egg, and on 09/11/2010 they were awarded a judgement against me for the amount of £3580.79, which I agreed to repay at the amount of £60.00 per month.
On 09/11/2011, Egg sold this to Arrow Global and I continued paying the £60.00 monthly until 06/11/2012. I then stopped paying this because I was struggling financially.
I then heard no further until 05/09/2014, when I got a letter from a company called Debt Managers. I ignored this and they went away, but I have now recently been contacted by Wescot Credit Services on behalf of Arrow.
My question is, if Arrow Global wanted to start legal proceedings against me can they use the original CCJ that was purchased as part of this debt, or do they have to start afresh.

They don't need to start fresh proceedings if they've purchased a judgment debt, the existing CCJ still stands, however, if they wish to enforce it in any way, they need to apply to the court.

As the date of the original agreement with Egg was 01/02/2008, should I write to Arrow and ask for a copy of any contract, under the Consumer Credit Act 1978 or am I wasting my time because in paying them after the debt was sold to them, I am admitting that I owe the money.
Any help would be appreciated,
Thanks,
fsm

You can't avoid admitting that you owe the money once a CCJ has been obtained, nor do CCJs go statute barred after six years, however, they drop off the public record. In some cases, the new owners of a debt may not be aware that a judgment already exists on that debt, since debts are sold in job lots with very little information. As an example, a couple of years ago Arrow bought an account which had already been ruled unenforceable in court! :juge:

Once judgment has been obtained, there is no longer a duty to supply a copy of the agreement as the judgment supersedes any agreement.

[nemesis45]

Re: Egg Banking / Arrow Global

Sorry, Nem, I didn't word that correctly. Thanks for the correction.

Not a problem CH!!

nem