Cooeeeeee....waves at the 6 guests. Bump...anyone..?

I filed a stat barred defence for my brother when he received court papers for a debt administered by Arrow Global. A Couple of days ago he received the Allocation questionnaire which has until the 5th of July to be filed. Today a letter was received from the Court which states, It is ordered that, 1: Claimant in proceedings be amended from Arrow Global ltd to Arrow global LLC. 2:Re-Service of proceedings be dispensed with. 3: There be no order for costs. I am guessing that Arrow cocked up initially and this is to address that mistake. Where do I go from here. Having submitted the defence what do I put in the AQ and is it worth me making a request under CPR to the Solicitors acting for Arrow. Thanks.

They must be getting fed up of negative comments....look at this post.

Just expect them to try and allege an attempted payment...its one of thier more laughable tricks. It doesnt work, an attempted payment is not a payment, end of.

Once stat barred, always stat barred. Stop paying them immediately. They can do nothing. Thats assuming that you have paid nothing since 2001.

Is there a template for a defence to CCJ proceedings in relation to Statute barred debt. Helping my Bro out with a summons via frederickson for an old Orange debt. He acknowledged online and was waiting for some old statements to make sure it was statute barred. The last payment was in November, 2003. Time is running short now as a defence has to be in by the end of the week so any assistance would be appreciated. Cheers. BF

Cos Mr Kiptower makes exceedingly good cakes. A quintessentially cosmopolitan poster

Every time I highlight a DCA letter... Belaflat..QC.....Quoting Cretins.

Yup, 3 posts and 2 of em in support for IQOR.....your a troll, boldy woll...(think thats how the song goes)....

Funnily enough, I too have had the same letter today....nearly made me poo me pants when I read all the dire warnings of my goods being impounded etc etc. Mine too is from a 6 year old debt and I have also ignored all correspondence as you have. I am contemplating waiting to see if they do take court action, letting them pay fees etc before stopping them in their tracks. They seem to have added a lot of charges to take it over the magical £5000 mark so they can possibly claim interest if they got a judgement....even though the last one chasing wanted over a £1000 less. In your case, should they decide to take action, you will have it transferred to your local court as you are entitled to do...your local court is in Scotland....bingo, 5 years apply and you have a statute barred debt.

Anybody see this little link on the page whilst having a browse. Credit Today online

Where ever Carters fingerprints are, take nothing for granted. Unless you receive confirmation in writing that the hearing is cancelled, attend the Court and I will bet you a pound to a penny that they will still be there hoping to win by default again.

As soon as I saw the Name Bryan Carter it all clicked into place. Mr Carter is notorious for filing claims at a 'last known' address and then miraculously discovering your new address days after judgement. You need to contact the Court that issued the CCJ.(Northampton( and see if you can have a copy of the judgement. Once you know what it is for then you can start a set aside. Although a charging order is not a good thing, its not the end of the world if one is obtained as once a judgement ios set aside then the charging order can be removed since there is no judgment order to be enforced. If as you seem to think, it originated from Fredericksons who have failed to reply to CCA requests, then thats a good start as it probably means there is no agreement and thats the first reason to use on a set aside request. Once you have more information than more precise help will be forthcoming. Tha last statement saying all collection activity will be ceased baffles me...have they been collecting from you since this judgement has appeared out of the blue.

Bankruptcy will affect you in the immediate term for up to 1 year only, maybe shorter. Self employment should not be an issue as the OR will not deprive your hubby of his livelihood. A bankruptcy will affect you in the longer term only insofar as it will be recorded on Credit Reference agencies but since you have a judgement already, thats not really an issue. If you are considering it, then being declared bankrupt before a charging order is granted will wipe out the liability of the CCJ. Once an order is granted however, a bankruptcy will not remove it because in effect it is a secured debt. If you are going down this road, you will need to act fast as like I said before, a charging order wont hurt you at all whilst in negative equity but years from now when things improve, it could well come back to bite with a vengeance especially if interest has been added.

The problem with a charging order is that although currently you are in negative equity, the order will still be there years from now when there is money available (if it is granted). Have you receivd any external advice outside of CAG. I know this may sound odd but have you considered bankruptcy if your employment permits it. The advantage of that would be you will keep your home as it is in negative equity and all other unsecured debts are gone for good. If you do get a charging order then this is pointless as the debt has effectively been secured against your home.

What a load of twaddle. If there is no agreement, how do they honestly think it can be enforced. Regardless of any alleged timescales for reporting to the Ombudsman, to enforce any debt by way of judgement or otherwise they must prove a debt exists. Without an agreement they cannot do so. Usual pile of Bovine manure.

Just to dd my little bit to the proceedings, I have similar but from a different DCA...Cr@pquest to be precise who have mysteriously added around £1500 to the account from the last contact with Egg. I have had no notice of assignment either. Will be using that if it ever gets to court...oh and its also stat barred..ha...let them chase..its costing them. (ps...not hijacking thread, just my experience of Egg selling debts on)

My personal view of having CCJs marked as satisfied is that its a waste of time as it still goes against you on your credit file. It is no different in credit scoring terms to having a defaulted debt marked as paid. As far as a lender goes..(if you want more credit)..it still goes against you unless you are going for a sub prime loan and prepared to pay huge interest rates. With regard to the original question...I would settle the debt as asked with a proviso that confirmation in writing is received both of the offer and then the full and final payment setting out that the debt is finished with. Once that is done then go for having the default marked as satisfied. The creditor does not have to be notified of that, the letter or a copy of it showing the debt as paid can be sent to the registry trust who then mark it as satisfied.

Pinky, a CCJ is registered by the registry trust and not a DCA. A default will be registered by the OC and can be taken over by a DCA but once a CCJ is obtained, that runs for 6 years in its own right, regardless of default date so I am sorry for the poster but you can have 2 black marks for the same debt as a default and a CCJ are very different animals. As an example, a default has been on a file for 5 years and 6 months and then a CCJ is obtained. It does not run for the remaining 5 months but runs from the date of judgement so in this scenario the debtor will have the same debt marked down for 11 years and 6 months.

It is possible to have a default and a CCJ for the same debt. If the DCA has taken over the original debt, they are entitled to register the default in their name but only from the original default date and as a replacement for the OC's default. If this is what they have done then it is there correctly. As you also have a CCJ registered, it doesnt matter if its for the same debt as a CCJ is registered seperately.

Let them take you to court...you have an absolute defence and it will cost them money. In her situation there is nothing they can do so i would ignore everything that comes unless it really bothers her then just send of the case number together with the harassment letter from the templates section.

You say you were declared bankrupt. If this debt existed at the time then it should have been included. Even if you forgot to mention it, its history. What exactly is the timeline on this.

Have not spoken to them at all.in fact the last payment I made to Egg was in 2003 so thats my ace should it go any further. I would also add that they have sent this to the wrong person, for some reason they have decided my brother who has the same initials is me...different address but its not the first one to do this. Muck Hall did the same with a TSB debt. I am letting them carry on because it is costing them.

I have the same. I will happily play the waiting game as after all, every letter costs them.

What date did they start proceedings, this is very important with your timescale.