Hi thanks again for the reply. No I didn't receive any default notices from the OC. The last statement received was on the 23 June 2008. I've received none from the DCA. This statement was supplied by the DCA when I queried it saying I thought it had been settled. This statement shows the last payment of 01/05/2008. In their letters they said the final payment was made on the 01/07/2008 and again a random payment in 2009. They cannot supply any details of those payments which I find strange if they said the payments were made and they are not represented in the outstanding figure. Along with the statement they provided an insurance application form a pre contract information form and a fixed sum loan agreement showing the figures and detailing default charges etc. I asked for details of what bank the DD payments were made from so I can start my investigation to see if that shows the loan being settled. They can't supply that information. The problem is I've got no paperwork showing the loan being settled. In the past when things have been paid off I've kept paperwork for a year then I've got rid of it. I know know to keep it for at least 6. I suppose the only redress would be if the OC and the DCA have not followed the rules correctly.

Hi thanks again. God the range of emotions you go through is unbelievable. Ive been from despair to mega angry. I am convinced this has been paid off and I am really annoyed that I am paying for something which has already been paid !!!!. However due to the situation I will carry on paying until I can prove otherwise. Do you think its worth me sending a SAR request to CITI. Also is it a legal requirement for them to have issued default notices before they can take any action. we had recieved no default notices and the letters saying Arrow had taken the persumed debt on came as a complete surprise. Having read a number of threads on here the creditors and DCAs seem to make up rules as they go along. Is there a thread with a logical order of how things should progress. ie loan defaulted - default notice issued - etc etc.

Hi thanks for the quick replies. Yes it is a joint account and two separate claims were issued. When my ex went to court the judge said the judgement to be issued in her name only and not mine as it is to remain stayed. She asked about arranging to pay and the judge said to deal with the company direct. I am paying half by giving my ex half the money so we both pay. I will be in a position to fully clear the balance in Feb 2016 but that is still a way off unfortunately. Even though I am paying half I didn't want them to use that as a reason to try and lift the stay if that makes sense. I am sort of hoping that as long as they are being paid they will leave things as they are. How easy is it to get a stay lifted if they apply. By the way with this account we never had any default notices etc issued from citi bank. I've noticed a lot about dca and cca requests being submitted. Would it be worth me doing that just in case it goes wrong for me.

Hi a quick generic question. After a long drawn out saga with a diva me and my ex wife had a ccj issued by the above firm. I put in a defence and had my part stayed which is still the case. My ex had the ccj issued in default as she didn't file a defence. she sent in an offer of payment and has started paying even though she had no reply. Today she had a reply saying the payment has been credited to her account but they can't agree a formal payment plan without the receipt of a financial means questionnaire. They also asked the question whether this is on behalf of the both of us. Just so I know what I'm talking about. Does she have to send one in ie can they demand one. Also does she have to mention me as my part is stayed. I need to do what ever to stop a ccj registered against me. They never bothered challenging my defence but I could do without the hassle of attending court etc. Thanks all.

Hi, I had one of these with exactly the same circumstances. I filed a defence and received the letter above. I did not receive anything else from Restons or the Court and the CCJ was stayed in January. However it was a joint CCJ with my ex wife. She did not put a defence in as we thought mine would suffice for both as it was the same claim Number etc etc. Restons then got a CCJ by default on the 03/07/14. She put in a N244 to get the CCJ set aside. We went to Court a couple of days ago and even though the DJ sympathised as there was nothing on the defence mentioning my ex he refused the application to set it aside .The end result she has a CCJ on her name and my part is still stayed. I wish I had of come on this forum before all this debarcle got to where it did.

Thanks again. I wish I had of come on here before going through all this as things may have turned out differently. I am obviously going to pay half of this even though the judgement is in my ex's name. A little selfish I know but is it best to leave things as they are for now as I could really do without a CCJ being put against my name. Another one. As I said she has emailed them to arrange a payment schedule to at least get that sorted. We then have time to reassess this to see if we have any other redress. Are they obliged to accept a payment plan or can they ask for the ammount immediately which will be impossible to pay.

Hi no we didnt send a CCA request what ever that is. I was in constant contact with them though asking for details of the debt. They did sent through a statement showing payments for the loan with the last payment on the 01/05/08 I was convinced this was paid off around the end of June 08 but I have nothing to prove that. They said the last payment on the account was on the 01/07/08 and the account was defaulted on the 30/06/08. There is no documentation in relation to this. Oh yes and of course the phantom payment in 2009. We have received no default notices on this account ever and I cant believe they would just leave it all this time if the payments suddenly stopped. I actually had a CITI credit card for all this time until it was transferred to another card company and am still at this address. Is there actually anything we can do now a CCJ has been issued. My ex contacted the firm to arrange a payment schedule on the account even though we dont agree with it. Just another thing when I rang Northampton Court a month ago they said that an application had been made on the 18 March to have my stay lifted but it was refused. I only heard about this by chance as I had recieved no notification of this. Really appreciate the time people are putting into answering these points. Thanks very muchI only

Ha Ha yes it was defo a phantom payment. In the defence which Arrow submitted to appose my ex getting the CCJ set aside there was no mention at all about the defence which I had submitted. It was just on the fact that my ex had not submitted a defence. The whole thing seems really strange.

Yes thanks I understand that now. This is contrary o a lot of info on other forums. Appreciate you clearing that up for me. Yes I was at Court with my ex yesterday and went into the hearing. There was no application to get my stay lifted and that remains stayed. The DJ ruled that the CCJ will be my ex's name only and that they would have to apply to get it lifted. I suspect as they are going to get paid they are not interested how they get it as long as they get it. Having said that having gone through this experience I dont trust anything anymore. I cant understand why they didnt apply to get the stay lifted within the 28 days.

Andy thats great thanks for clearing that point. Lots of forums state that if the CCJ was issued after the 6 years then it would be statue barred not the fact that in only has to be applied for at the Court to stop the clock. Does not seem a lot we can do now apart from pay for a debt which I believe we have paid off. The DJ said it was for us to prove it had been paid not for them to prove that we owe it. This seems absurd as anyone could trawl through any old accounts and if they havent any proof its been paid they would be snookered.

Hi thanks for your reply. The claim was for both of us under the same reference number. No she did not acknowledge service as we were under the impression that one response would have been enough for both of us as it was the same claim number. The judge said she should have acknowledged service which I sort of understand. As I said they got a CCJ in default as the defence I put forward did not mention her even though it was quite clearly for both of us. Seems a bit strange to me but you know how the law works. The main bit however is around whether it would be statute barred or not and whether we could apply to the court again so she could get it set aside on that basis. My part of it is still stayed and the judgement has only gone in her name. Just to add to this we never recieved any default notices etc from the original creditor who were CITI. The debt Restons/Arrow said was assigned to them in 2013 but I had been in dialogue with them since 2012. Its an absolute mess really and they were useless. I asked for details of where the DD was paid from so I could try and check old accounts etc but they said they couldnt supply any of that information.

Hi I wonder if anyone can help with this query. In 2012 I recieved a letter from Arrow stating we owed money to a company for £6750 which for a loan taken out in 2006. I am convonced this was paid off with a consolidation loan but being so long ago I have no documentation. the last course of action in a statement which they provided to me was on the 01/05/2006 although they said it was on the 01/07/2006 (no proof) and a further letter stating a payment in 2009 which was rubbish. after a long drawn out saga with me trying to get further information with no luck they eventually filed a CCJ in January against me and my ex wife. I responded with a defence and they did not reply to this so the judgement was stayed. Because it was a joint CCJ I submitted the defence thinking it would be for both of us. However on the 03/07/14 they were awarded a CCJ in default against my ex stating she did not file a defence. She put in a N244 and we went to court yesterday to get the CCJ set aside. The judge refused this because I did not mention her on the defence and allowed the CCJ to be awarded against my ex only. Mine is still stayed. The real question is we raised the question of the debt being statute barred .We had not made a payment in over 6 years (although I believe it has been paid off. I am still living at the same address and have received no default notices and even had a credit card from the same firm until recently.) No acknowledgement of the debt was made in writing. The CCJ was awarded outside of the 6 year timescale. The judge said it was not statute barred as the CCJ was applied for in January even though it wasnt granted until after the 6 year period. A lot of forums I have read state that it would be statute barred and we could apply to have the CCJ set aside as it was issued after the 6 year period. Can anyone confirm this the judge couldnt have got it wrong could he.??? If the judge is right there is a lot of misleading information out there. Even though my part of this remains stayed I am really annoyed with myself for not keeping any paperwork. i think its a lesson for us all to keep stuff for at least 6 years. If any one could answer this id be very grateful. Thanks very much.