Shot by the Arrow...have to set a side CCJ

[rocketrob01]

Hi everyone,

I am really hoping someone out there can help me.

 

Tonight a man knocked on my front door and handed me a letter from my local court, Romford.

The contents of the letter is an order to attend for questioning.

 

I am really scared right now, I have mental health issues and I'm not coping very well.

 

The letter says they wish to question me about a judgement order that was placed on me on 1st June 2011 in Northampton, I have never been to Northampton in my life !!!!

Apparently I owe a firm over £4000 !!!!!

 

I have managed to track it to a former address of mine in Somerset, the problem is though the judgement was made 13 months after

I moved from said address does that mean it is likely to belong to someone else using my name?

 

I do not remember taking out any loan around this time and I do not remember receiving any letters demanding money.

 

I do however remember being visited by bailiffs when I moved to London in 2009 numerous times but I never let them in the house

and after 3 or 4 times they never came back, I don't remember receiving any letter at this time either.

 

Please help me, I really need some advice.

[renegadeimp]

Sounds like they gained a CCJ against you.

 

Sit tight, and someone should be along soon to help you out.

[unclebulgaria67]

What do you mean, Shot by the Arrow ? Arrow Global ? Who actually delivered the letter ?

 

You can check for CCJ's using this link, but I think there is a fee per address. Alternatively, you can check your credit record and it may be on there. Experian and Equifax offer free trials for 30 days, but remember to cancel to avoid a subscription. There is also the Noodle credit check which a free for life service.

 

http://www.trustonline.org.uk/

 

When have you got to attend the court in Romford ?

 

I suspect that the debt is purely a civil matter and the claimant who has the CCJ has asked the court for you to attend, so they can look at enforcement.

 

I think what you should do is look to set aside the CCJ on the basis that you did not receive the court claim. Contact the court in Romford to advise them that you have no knowledge of any court judgement and that you will be seeking a set aside. Ask them how you can ask for the order to attend the court to be adjourned/postponed, so that you can apply for set aside after finding out more about the judgement.

[rocketrob01]

Hi Uncle,

Yes on the court order it says the creditor is Arrow Ltd, have you heard of them?

I have just done experian and sure enough there is a CCJ at an old address of mine in Somerset.

The court date is beginning of July.

Please what do you mean by a "civil matter" , "setting aside" and what else should I try to find out about the judgement and how?

Thank you so much, it is very reassuring to know there are people out there willing to help.

[renegadeimp]

Arrow is one of the lowest forms of DCA there is.

[unclebulgaria67]

Hi Uncle,

Yes on the court order it says the creditor is Arrow Ltd, have you heard of them?

I have just done experian and sure enough there is a CCJ at an old address of mine in Somerset.

The court date is beginning of July.

Please what do you mean by a "civil matter" , "setting aside" and what else should I try to find out about the judgement and how?

Thank you so much, it is very reassuring to know there are people out there willing to help.

 

Civil matter i.e it is not a criminal matter, however, you could be held in contempt of court, if you did not attend court on the orders of a Judge. So you will have to deal with this and I think a set aside request should be attempted.

 

To do the set aside, you can make the application to the court in Romford, with the relevant fee. Read this http://www.trustonline.org.uk/understand-judgments-fines/set-aside-a-judgment/

 

This thread needs to be moved to the CAG legal issues folder and I will ask the site team to do this. If you then want any help with the set aside forms and process, you can ask.

[AndyOrch]

Thread moved to Legal Forum...title amended accordingly.

 

Regards

 

Andy

[rocketrob01]

Oh thank you all so much.

I have just been online and downloaded the form to set aside.

Thank you so much as well for the offer to help me filling this in. If you would be so kind to help me with this process it would be very much appreciated, just looking it over and I really don't have much of a clue what to put.

[unclebulgaria67]

You know it is Arrow Global that have this debt. Do you know who the original creditor was that you had the bank account/credit card or loan with ? Did you inform people of your new address, when you moved ?

 

When you complete the set aside forms on the basis of not receiving the court claim form, you would have to say that you had not received the court claim form, so was unable to respond to it. That you had written to all creditors with your new address details, so are unsure why any court claim was sent to a previous address. Remember that you are stating facts that you believe to be true and that you may have to attend a hearing about the set aside, where you will asked about this.

 

This guide from National Debtline, should prove very helpful, as it covers everything you need to know. You can also call them, if you have any questions about your specific circumstances.

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

[DonkeyB]

Arrow Global, CCJ at old address. Can anyone smell the hand of Bryan Carter?

[unclebulgaria67]

Arrow Global, CCJ at old address. Can anyone smell the hand of Bryan Carter?

 

Sounds like it.

 

Getting a set aside based on a court claim going to an old address is not going to be easy. Perhaps rocketrob01 should be sending a relevant letter using appropriate CPR's to obtain the information they need to apply for the set aside, using more substantial reasons ?

[rocketrob01]

Hi Uncle.

On the top right hand corner of the letter I was sent it says creditor: Arrow Global Ltd.

I do not know the name of the loan company and I have no recollection of taking out a loan, therefore I also had no reason to inform anyone at any time I changed address.

The CCJ was apparently taken out on 20/02/2008 and I had moved from the property it was attached to in Feb 2007, I have been unemployed since May 2004 so surely no company would have given me a £4000 loan when unemployed???

I am on disability allowance and have been since late 2004 and have been treated for mental health problems since December 2003. I have been on anti-depressants and anti-psychotics from December 2003 till Jan 2011 and during that time my recollection of anything is sketchy at the very best due to the drugs.

At no point what so ever do I remember receiving any kind of court papers or letters referring to a loan or anything to do with a loan apart from the bailiff visits I described in my previous post which was very scary and I just remember hiding and waiting for them to leave.

Is it possible someone took out a loan in my name after I had vacated the property?

As I have said I do not even know who the loan was with, when it was taken out and in fact if this is about a loan at all...

It is all very frustrating and frightening...

[DonkeyB]

Suggest you contact Northampton court and try and get a copy of the original claim form.

[unclebulgaria67]

Suggest you contact Northampton court and try and get a copy of the original claim form.

 

Yes I agree. The courts phone number is 0845 4085302

 

I suspect that if this debt was subject to a CCJ in 2008, that it could be related to something you had between say 2002 and 2008.

 

Did you have a credit card that you defaulted on or catalogue debts in the early 2000's ?

[rocketrob01]

I'm sorry but I really have no recollection of any loan what so ever. Given my mental state at the time though this doesn't mean that I didn't take out a loan or anything.

I will try to contact the court and get more info.

Many thanks.

[rocketrob01]

Ok I just called Northamption court and they say they no longer have access to those records and that I need to talk to Romford court now, which is my local court.

I have now spoken to them and they can't go back any further than 2009 regarding my case and have advised me to contact Arrow.

[unclebulgaria67]

Ok I just called Northamption court and they say they no longer have access to those records and that I need to talk to Romford court now, which is my local court.

I have now spoken to them and they can't go back any further than 2009 regarding my case and have advised me to contact Arrow.

 

Ok, there is no panic here, as you have a court date in July, so plenty of time to look into this. Suggest that you write to Arrow Global at the address below, asking them for details of any Court Court Judgement in 2008, as you have never received any details. Advise them that you have real concerns that this debt may in fact not relate to you, as you cannot remember having a financial arrangement with any company of that value. Ask them for statements of account and any other paperwork they have which might help clarfiy the debt. Send by recorded delivery.

 

In the letter make it clear that you have written to them following their request for you to attend Romford Court in July to discuss the CCJ and that you will be using their response to assist with this.

 

Arrow Global

Belvedere

12 Booth Street

Manchester M2 4AW

United Kingdom

[rocketrob01]

OK lots of news now.

I have called Arrow , and they tell me they brought the debt from FV1 in 2005. They also tell me that they had dealing with me via Community Legal Advice in 2010, something I have no recollection of but it was about the time of the bailiffs.

I have called the Community Legal Advice and although they are no longer taking on new cases due to budget cuts they did confirm that they helped me out in 2010.

They say the debt refers to a loan taken out through the HSBC, I'm not sure when yet, and that the debt company FV1 was pursuing me in 2010. The advice service asked the firm for the loan agreement and the company could NOT provide it !!!!!

The advice firm then say they sent me a letter asking whether I wanted to try to make a token payment to get the debt settled or to try and get the judgement set aside, apparently I didn't reply to this letter, shortly after this I moved and they were unable to contact me again. Damn drugs I don't remember any of this and it seems it has come back to haunt me.

I am now going to try to contact Arrow under the freedom of information to find out what they have against me, hopefully they will not be able to come up with the loan agreement again.

Do you think then I should try to get the judgement set aside under the grounds I did not or have no recollection of taking out the loan, presuming they can't produce the agreement?

I am currently drafting a letter to the court describing my mental condition between 2003 and 2010, my residents at these times including my stays in secure housing and institutions and my overdoses.

If the loan company can't produce a loan agreement do you think I have a good chance of getting the judgement set aside AND winning if the debt collection company decide to come after me again if it is set aside?

I really don't have the mental strength to fight too much despite how outraged I feel about this.

[unclebulgaria67]

When you write to Arrow, ask them for the exact date they bought the debt. In your post you mention that FV1 were still chasing the debt in 2010, which is odd if they had sold the debt to Arrow in 2005.

 

The reason for asking is to find out who actually has the CCJ. If the CCJ is not registered with Arrow, they will need to make an application to the court, to have the CCJ transfered to them.

 

Do you know roughly when you last made a payment to HSBC for this loan ? Is it possible that you did not make any payments for 6 years, before the CCJ was obtained in 2008 ?

[rocketrob01]

Hi Uncle.

The ccj was obtained in 2008 according to experian but yes it was FV1 who was chasing me in 2010 and not Arrow, is it possible Arrow brought out the company FV1???

As far as I recall I never made a payment on that loan full stop, but then again I can't remember taking out the loan in the first place so that doesn't necessarily count for anything. I'm don't even know when the loan was first obtained yet though I do vaguely remember having an account with HSCB up until 2004.

[rocketrob01]

I could do with some help filling in the form for the set aside now if anyone could help me?

I have drafted an accompanying letter detailing my mental health issues that I would be happy to PM to someone for suggestions.

Many thanks.