help going to lose my home. dca

[blackbear101]

i hope you can help me. i have a ccj, charge order, final charge order, now arrow global taking me to court in may for a order for sale on my home.i am going to try and get the ccj set aside but dont know what to wright in my defence. i have never had a default notice off mbna or a letter to say that the dept is sold on to arrow global. arrow global has sent me a default notice, could you please look at it, to see if its fake. the mbna credit card number on the letter is not my mbna credit card number. the are 9 different numbers. when i rang arrow global ( before the ccj) i tried to make a payment plan. i give them both numbers. arrow said they have never heard of me. i had to get a solicitor from wrexham to write to them with a offer. they wrote a few time till they replied. they refused my offer. then i went to court saying i can get contact with them, even in court they had a different account number.they said it was admin error. the judge said its still my account. iwas lost for words. I had nothing in my defence the judge wipe the floor with me.I had to pay forthwith. not got 8 grand, thenthe final charge order, in and out in 5 mins. the judge did not want to look at my defence. this is my last chance befor my family are homeless. please take alook, notice dates, there must be somthing.Please can you write something that i can put in my defence. once i got this ifo i will have a look at the cca. thanks once again

Edited May 20, 2010 by blackbear101

[cerberusalert]

Moved to Legal Forum.

[postggj]

Default Notice Is Crap

 

It Does Not Allow Time For Service

Why Are Arrow Sending You A Default Notice

 

Did You Make A Payment Arangement With Them

[blackbear101]

arrow global made it very difficult for me to make any payment. i left my number on there answer machine. they wrote me a letter saying they lost my number. just to point out. arrow global do not want you to make any offers, they want the ccj, charge order.

[postggj]

This Is Important

 

Did You Make A Repayment Proposal To Arrow

 

Were Any Payments Made To Arrow

[blackbear101]

yes i had to pay a solicitor £50 for the letter just to write a letter that i want to pay £50.00 a month. the letter said no, then it went to court.

[angry cat]

Default Notice Is Crap

 

It Does Not Allow Time For Service

Why Are Arrow Sending You A Default Notice

 

Did You Make A Payment Arangement With Them

 

Agree, DN rubbish!

 

Arrow are not very good with their DN's, are they?

 

p.s. seen this situation before: Arrow/MBNA...

Edited April 10, 2010 by angry cat
p.s.

[pt2537]

oh my,

 

Do you have the agreement? can you scan a copy of it so we can see what their claim was based upon?

 

This is extremely serious as im sure you are aware. have you been making token payments to arrow?

 

Do you have children? and are you likley to be able to pay off a reasonable amount per month to pay this off

 

The court is unlikely to grant a order for sale if there are children under the age of 16 residing at the property, secondly, if you can show that you can make some reasonable payments then the court will likely reject it

 

ideally we need more info though

[blackbear101]

i would like information on this letter first so i can use in my defence to get the ccj set aside. what should i write in my defence n224 form. or is this info not strong enough. the cca was 2003 but there is one almost the same in the library 2006. is it best to put the cca in a new forum as this will confuse me. thanks

[pt2537]

erm, with all due respect, you seem seriously unsure of the way forward, yet you want to start getting help on setting aside a judgment

 

without answers first we cant help you and anyone who does will do so seriously blind

[blackbear101]

here is the cca

http://i783.photobucket.com/albums/yy118/jason103301/front.jpg

http://i783.photobucket.com/albums/yy118/jason103301/back.jpg

 

 

i have 4 small children. i can pay£50 a month but the dept 8 grand

[blackbear101]

forgot to say. the signature is mine but cant remember doing it. the data protection signature which i left is nothing like mine

also why i am in a rush to get the ccj set aside is that my court date for a order for sale is at the beging of may

 

after the final charging order i said to the judge do i need to pay monthly payment. he said the debt is attached to your propety so when or if you sell it they get there money

Edited April 10, 2010 by blackbear101

[pt2537]

forgot to say. the signature is mine but cant remember doing it. the data protection signature wich i left is nothing like mine

also why i am in a rush to get the ccj set aside is that my court date for a order for sale is at the beging of may

ok

 

I understand why you are trying to move things

 

However, courts dont work on logic or common sense, they work on law and rules etc. So you must get it right first time, cos the court will only give you one shot at this.

 

Now then, when was the judgment actually granted against you? was it default or was it at a trial?

 

The fact you have children will be taken into account and i have yet to see a court order the sale of a property where the person can pay and has small children

 

although it is in the courts power to order the sale it is unlikely if you can pay

 

the question is why havent you applied for redetermination ? so that an installment order was in place? that would have protected you from this

[blackbear101]

im just a man, i cant even spell redetermination never mind know what it means. will google it later. yes the judgment actually is granted against me. i thougth i was going to court to sort out the different account numbers. never had a default letter of mbna

the claimant obtained a judgment against the defendant on 29/02/2008 for £7,935.60. this was then secured on by the way of a final charging order dated 27/06/2008

Edited April 10, 2010 by blackbear101

[pt2537]

then i would seriously suggest that you seek representation as this is a serious matter and needs to be properly dealt with

 

There are plenty of firms out there that can assist, and there is the CAB who may be able to assist.

 

There are also direct access barristers who work on no win no fee etc

 

it may well be worth looking into it

[blackbear101]

so in reallity the information on the default notice is not strong enough to get the ccj set aside? what about the cca? thanks

 

 

can any one answer please. i have a meeting with shelter soon, if i have more info it could help my case. thanks

Edited April 10, 2010 by blackbear101

[angry cat]

You really do need to obtain specialist help!

Shelter should assist also;

CAB and;

National debtline.

 

The following link may also prove to be of assistance:

Housing advice - how to get free legal help in court : Directgov - Home and community

[blackbear101]

thanks angry cat, got a meeting with shelter. but could do with info on getting the ccj set aside.i have got loads of question but no answers.

 

 

1 got no default notice off mbna

2 no deed of assignment from mbna or arrow global

3 how can arrow global have all my data when there is no default notice with mbna

4 to remedy the breach i must pay £1,111.79 no further enforcement action will be taken, so does this mean i can use my card again yet arrow global not a bank.

5 the date of the letter is dated 10th april but i need to pay before 24th april thats 12 day not the 14 plus 2 days

6 the defaul on my credid referance report says i got a default of arrow global on 30/01/2007 yet this default letter is dated 10/4/2007

7 fake siguture on my cca data potection

8 terms and cond are not connected

 

can i use any of this info to get the ccj set aside or overturned. thanks

Edited April 11, 2010 by blackbear101

[Delfi101]

Sorry to interject but you should really listen to PT here.

 

This is an extremely serious matter that you can't afford to screw up and as a novice LiP you shouldn't attempt to do this yourself. You have one shot at getting this right.

 

Do yourself a favour and get some professional representation.

 

D

[angry cat]

Sorry to interject but you should really listen to PT here.

 

This is an extremely serious matter that you can't afford to screw up and as a novice LiP you shouldn't attempt to do this yourself. You have one shot at getting this right.

 

Do yourself a favour and get some professional representation.

 

D

 

Agree!

 

There does appear to be quite a lot wrong with this case but, things have gone too far down the line to fight by yourself.

 

Listen to PT, he knows what he is talking about;

get some pfofessional help.

[angry cat]

You may be entitled to legal aid, check here:

Can I get legal aid?

 

You should also be able to obtain help from; Community Lagal Advice;

telephone number: 0845 345 4 345

http://www.communitylegal advice.org.uk

 

Do Not attempt to tackle this on your own!

 

Far to serious a matter to attempt playing Perry Mason...no disrespect intended.

[angry cat]

Sorry the above link does not appear to work?

 

Hopefully this one will:

 

 

Community Legal Advice - free legal advice for residents of England and Wales, paid for by legal aid

[Delfi101]

This is absolutely correct. Having been through the mill myself (with MUCH more time than you have) I'm still absolutely reliant on (& grateful for) professional guidance.

 

In this case, there is just too much at stake and FAR too much to know to put a cogent and coherent case forward against a trained legal type. You will not be facing an amateur (like you).

 

A specialist solicitor may be able to help you - often companies such as the ones that are suing you will not use a specialist (merely using whoever is available) and this can turn the tables in your favour.

 

D

[blackbear101]

thanks but pfofessional help comes with a price which i cannot afford. even with the loss of my home £145 per hour is way to much

 

looking for a no win no fee specialist. wrexham area.

Edited April 11, 2010 by blackbear101

[Delfi101]

With the greatest of respect, and at such a late stage, it seems to me that lack of professional help comes at a much greater price that you can't afford.

 

I'm sure that nobody here wants to see you make a mistake and my own feeling, having been through plenty of this kind of nastiness, is that you're on the verge of doing that.

 

D