please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

[Diana M]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

I have now received a letter with an attachment of earnings which they want me to fill in. They state in their letter (Shoosmiths) that their client (Arrow Global) wants to agree an affordable repayment plan and has the option to pursue enforcement action

i expect the letter you've received enclosed an Income and Expenditure Form for you to complete not an"attachment of earnings" which would be a court Order.

It has understandably scared you since that letter listed all of their client's enforcement options for this CCJ.

Having read your your first post I can't see a way for you to succeed in any set-aside application since it appears the reason you have the CCJ is either because you didn't file an Acknowledgement of Service or Defence so obtained a Default Judgment (CCJ), or it went to Trial and you lost.

The third reason could could be because you never received the claim form (or subsequent Judgment Order) because your wife destroyed the mail before you received it. However you'll have a hard time convincing a DJ of that fact especially five years later when there are strict rules about the timescale for making applications.

Sadly it seems you may have to face the music with this CCJ and come to some 'amicable' arrangement even if it's only token payments each month. I hate the thought of anyone having to pay a debt purchaser but the time to fight this was when the claim was issued in 2012 so I fear you've missed that opportunity.

If you do nothing then I would expect them to pursue formal enforcement at some point. Since you don't own a property or have any assets then a Charging Order is not relevant. Since you are employed they may consider an Application for an Attachment of Earnings.

The good news is you say youhave no others debts to haunt you and hopefully you can sort this one by keeping line of communication open.

Di

[dave798]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

so what kind of letter can I expect to arrive next?

[Debt Camel]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

so what kind of letter can I expect to arrive next?

That depends if you ignore the one you have!

You have various sensible options but ignoring this letter is not one of them:

1) send the completed income & expenditure details back to the creditor and make an offer to pay £5 a month or something. You could also say you are going into hospital and attach a copy of some hospital letter confirming this. And point out you have no assests and don't own a car.

2) make them a full & final settlement offer if a relative could supply the money for this.

3) consider a Debt Relief Order. This feels a bit extreme if you only have this one problem debt and it would wreck your credit rating for another 6 years but it would get rid of this debt and the worry completely.

[dave798]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

1. is there anywhere I can download a copy of income and expenditure form as the only one they sent is sellotaped in 4 places (recovered from bin after wife torn it up)?
2. will they accept £5 per month?
3. will this stay on my credit file till it is paid up?
4. if I could borrow the money from a relative what is the lowest they would accept in full and final payment?
a debt relief order is completely out of the question as I do not want another 6 years without credit worthiness

btw
thank you sincerely for all your advice

[nemesis45]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

How did Arrow get judgment, by default (not acknowledging claim) or not entering a defence at all, or you lost in court?

nem

[dave798]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

by default I assume because first I knew about it was checking credit file

[Debt Camel]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

1. I am sure they would happily send you another one. or you could use the one here: https://www.stepchange.org/debt-info...statement.aspx which can be downloaded to a spreadsheet if you prefer.

2. You need to offer what the I&E says you have avaialable. I just said £5 as you were suggesting you couldn't afford to pay anything.

3. no, the CCJ will drop off after 6 years whatever you do. This doesn't mean it expires, CCJs never do,

4. depends on what your I&E shows and what your state of health is. If your I&E shows you can afford very little, i would be thinking of perhaps 20%.

[nemesis45]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

by default I assume because first I knew about it was checking credit file

Ok had you moved home ?

nem

[dave798]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

had moved home had a mental breakdown and split temporarily from wife who unfortunately slung anything and everything to do with me in the bin either my possessions and/or any mail that came through the letterbox

[Diana M]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

by default I assume because first I knew about it was checking credit file

When was that (what month/year)?

Di

[dave798]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

The first I knew was when I checked last week after getting the letter from Shoosmiths the only CCJ on my file is dated March 2012

[dave798]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

Quick questions.
1. after filling in the I & E form and showing negative disposable income even though I have not made any payments for 5+ years towards this CCJ for £4300 and I am able to borrow £860 from a family member (20% of CCJ) if I make this offer of full and final payment will the 6 years waiting start all over again on my credit file or will the CCJ whether fully satisfied or partially satisfied still drop off in March 2018 (6 years from judgement date)?
2. if Arrow/Shoosmiths are willing to open negotiations towards settling the CCJ and they refuse F & F settlement but accept token payments as that is all I can afford will the CCJ remain on credit file till it is fully satisfied?
3. Could this just be a sleeping dragon as when I checked with Noddle reference my Credit file the file was searched by Arrow with the heading Administrative review, ie if I do not acknowledge anything will the CCJ not be enforceable after the 6 year time limit?

again I would sincerely like to thank all who have taken the time to respond to my questions as the whole debacle is making me truly anxious and my head has not stopped spinning since this damned letter was retrieved from the trash thanks to my OH

[MIKE770]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

Admin review? see if you have new cards and income possibly to get back at you! hard jib to enforce CCJ after 6 years they would need very good reason.

[dave798]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

Admin review? see if you have new cards and income possibly to get back at you! hard jib to enforce CCJ after 6 years they would need very good reason.

income hasn't changed and no new cards (not even old cards) might just not acknowledge anything and see where it leads as the 6 year mark is only 11 months away and I am hoping they are just testing the water so I imagine the next 11 months will be spent on the toilet for me

[warwick65]

Re: please somebody help me ref shoosmiths / arrow chasing debt after CCJ March 2012

Dave

Just a point
If you send an I&E with a negative disposable income I think it likely they will think you have 'fudged' the figures because by its very nature, negative disposable income is unsustainable

Now on this point I can only tell you my experience
I had two CCJ's against me in the mid 90's . At the time they were awarded we had some really serious financial problems and I offered token payments of £5 a month, these were never reviewed.

In 2012 I again hit problems and when I called Barclays and asked the question 'what will happen if I stop paying' the answer was nothing as they are so old.

So , if that was right and you make an offer of say £5 a month which they accept just keep paying it ad nauseum until such time as you can find the money to pay it off or something else happens.

As Mike says , once the 6 years are up and the CCJ falls off your credit file it can not reappear and if they have not tried to enforce it they would have to get the permission of the court to do so