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

[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%.

[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

[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

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

[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

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

[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

[MIKE770]

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

no property = no charging order

Income from working could after assessment lead to attachment of earnings etc only after/if any surplus they find to needs.?? has been known if I remember correct that £1.00 a week/month has been done as per court order?

seems to me they are pushing due to the amount involved, sick Debt collection system in this country, they pay next to nothing for an alledged debt and want to make 1,000ssssssssss out of it. Proves Lame government we have and all they are interested in is money.

[dave798]

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

but this is my argument I have no disposable income and have no means to repay the debt

[nemesis45]

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

but i dont have any property and will the CCJ still be removed after the 6 years or will it stay in my credit file? what can I expect to come through the letterbox next as I am due to go in hospital soon and all this stress is adding to the worry

The CCJ will come off credit file 6 years after the date of judgment after 6 years the claimant might have problems enforcing the debt.
The high value of the debt may lead the claimant pursuing more robustly.

[MIKE770]

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

CCJ falls off after the six years

[dave798]

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

but i dont have any property and will the CCJ still be removed after the 6 years or will it stay in my credit file? what can I expect to come through the letterbox next as I am due to go in hospital soon and all this stress is adding to the worry

[MIKE770]

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

A charging order, in English law, is an order obtained from a court or judge by a judgment creditor, by which the property of the judgment debtor in any stocks or funds or land stands charged with the payment of the amount for which judgment shall have been recovered, with interest and costs.

[warwick65]

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

OK so you just have this debt to deal with and a charging order isn't going to be a problem.

I have no idea why @warwick65 thinks bailiffs wouldn't be instructed - what do you think they are going to do, just forget about this debt?

Either bailiffs or an attanchment of earnings is possible. Bailiffs is more of a problem if you own a car?

My rational behind thinking bailiffs were unlikely was that it appeared the OP had little in the way of assets and the debt was relatively large, if it had been a smaller debt I would have thought bailiffs more likely.

I hesitate to suggest it but if the OP is on a low income they may want to make a notional offer that is affordable. If this is the path that is followed the I&E needs completing very carefully so that all expenses are justified and reasonable and every allowable expense is used however that needs very careful consideration.

What i think needs to be avoided is for the creditor to go back to court to get enforcement powers

Dave, a charging order is when you own your own house, the creditor gets an order on your property so that when it is sold they collect their money ( assuming there is enough left after paying first charges such as mortgages)

[dave798]

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

what is a charging order sorry I do not understand all the legal jargon bailiffs cannot take car it is financed in my brothers name and most large electrical goods in house are in wifes name yes have the paperwork to prove it. so i can expect a knock at the door from @cant pay we will take it away' tv stars?