Nightmare Please help After forgetting all about reclaiming my bank charges and having a stay placed on the action back in October 2007 I have today recieved a court summons from Arrow Global - claiming to have bought the outstanding overdraft debt of the HBOS ?? is this allowed how can the hbos sell a debt which forms part of a claim made back in 2007 which currently has a stay on any action . Can the HBOS sell a date which is undoubtledy in dispute ?? also I have moved house since 2007 and cannot locate any of the oirginal court information from 2007 how would I get a copy of the info - it was done on MCOL but their website has now changed ?? I have to repsoned to arrow globals claim within 14 days our the will issue a judgement and after having my credit file clear for 6 years this would seriously affect me as Im in the process of buying another house - any advice would be really appreciated . Thanks worried worried worried

Arrow Global have now issued a default onto my Credit File - hoever the orignal account is also still on my credit file and marked settled ??? how can they allow 2 seperate entries on a credit file for the same account - and with two contradicting entries. I thought the idea of CRA's is to provide an accurate picture oif how an account has been operated - Halifax are saying the account is settled with no default - Arrow have just started up another credit agreement with default !!! Someone assitiance would be gratefully appreciated

Hi guys - hope someone can help 2007 applied for bank charges of £1000 to be repaid 2007 obtained judgement and warrant of execution from court for full amount following halifax faliure to reply to the court. had an unused overdraft of £1150 at the time , wrote to the halifax to pay me the money they owed me then advised them I would be either sending baliffs to the local branch or using anyway possible to recover the monies they owed me which had been upheld by the court via the warrant of execution. Proceeded to withdraw £1100 from the account then never used it again as I had a parachute account with abbey. 2007 Halifax registered my account with experain and equifax as being overdue but no default issued August 2007 - 4 weeks after I had withdrew the money and after the warrant of execution they get a stay on the judgement at court - if you recall everybodies action was getting stayed why the FSA etc etc where in dispute with the seven different banks. 2009 - Checked my credit file and again the account was still being shown as overdue.- spoke with baron & scott ( ithink) who are part of halifax but just a different department dealing with legal etc . they agreed that following the judgement and warrant they would mark the account settled - they where true to their word and did this in december 2009. Today - arrived through the post a letter from HBOS notifying me they had assigned all their right to a supposed overdraft debt to arrow global and thus they had assigned a DCA to deal with this account which way should I jump know - I need advice on how I obtain my original judgement and warrant as I have no copies , it was done over the internet but it is that long ago im not sure which site I did it on and how I would get to the information . Are the Halifax allowed to sell a debt which has been marked settled with the CRA's and has still got a stay on any action ??? Any advise would be really appreciated

could someone please help. Im in court on Thursday at 11:50. The halifax have asked to get the judgement i received reversed. they have sent the court papers detailing their reasons for the judgement to be lifted stating their usual story, didnt receive court papers didnt have enough time , strong argument for defence etc etc. We all know they had no intention of defending and the cut off date for them to defend was one day after the OFT announcement. They have had a judgement by default issued against them and a warrant of execution. I have also withdrew all the 1000pound overdraft and placed in another account(they owed 1247). I no longer use this account as i have reverted to my parachute account. I have all the letters and dates, and post office confirmation slips for everything i have sent to them. What do i do when i go to court is their anything i have to write down and give to the judge or do i just speak when its my turn. Im really in a panic at the moment , If the judge decides to lift the judgement will they have to put in a defence or will they realistically then apply for a stay. Can i ask the judge to put conditions on lifting the judgement , for instance they cant chase me for the 1000pounds or put anything negative on my credit file until the OFT test case or alternativley if the choose to defend(very unlikely) and win then i repay them the monies. never been to court and really didnt want to get this far but ill give it a go. Please help

Hi there overflow Mine was for a fixed amount £1257. Judgement was entered after the 14 days where up for them to defend (28th July). I then got judgement entered on the 1st Aug and rang them every day to see when they would be paying you have to chase this yourself your application for a judgement will read payment immediatley. Got fed up by the 8th and issued a warrant of execution. had no contact with them since until i received a letter saying they are applying for the judgement to be lifted by the courts. got a court date of 25th october In the meantime i applied to have my overdraft facility (which i dont normally use anymore) upto £1200. withdrawn £1150 last week and transffered my salary payment to another account as well as all my Direct debits and low and behold the Halifax phoned 20 minutes ago. if my judgement is overturned and then a stay is appiled for instead of then defending ,i will be asking the judge to stay any action the halifax can take about getting their overdraft money back until my claim is sorted and also to not allow them to register a default. We will see. If a judgement is entered they are legally required to pay up but as you know its sometimes difficult the get the debt. You can issue an executuon of warrant which cost £55 but does not guarantee you get your money and thats it?? sorry to be the bearer of bad news if like me you thought you had it sorted seems weve just missed the boat for the shorterm.

I issued a warrant of execution on the 8th August following a judgement on the 1st August. Little good it did just cost my another £55 which i havent got. Haliprats have just applied for the judgement to be set aside on the basis they didnt get the original claims forms(rubbish). Would love to know if anyone has succesfully received their money after judgement was issued after the 26th July 2007. Inmy case their time to issue a defence ran out on the 28th July. Seems like they just ignored it on purpose.

Just contacted the local county court and they havetaken upon themselves to not make a decision upon this case without a hearing . 25th October in St Helens. Could any one please help as to what im to begin preparing or anything i can read to get myself ready . Fortunatley I finish work tommorrow untill the end of september so plenty of time to prepare.

Judgement received 1st August , warrant of execution instructed on the 8th August. Today I find a bundle on my door step. In the bundle comes a N244 application form submitted from the Halifax stating: intend to apply for an order that (1) the judgement entered in default against defendant on 1st August be set aside pursuant to CPR part 13.3(1) (2) enforecemnt of the said judgement be stayed pending the hearing of this application. They have also stated at the top of the form they wish the application to be heard without a hearing ??? but this is not agreed by both parties. Then there is a notice of transfer to my local count court. Im at a loss to what i do next , there are no dates on any of the forms as when the hearing will take place and how do i go about getting a hearing so i can try and stop them from lifting the judgement Any help would be brilliant

if the bank has applied or a stay against a judgement and you have claimed on MCOL how will i find out?????

thanks sea side lady , i had previously read the infor you sent and know how to obtain a warrant . What i was wondering is do any of the more educated of the CAG'ers now how the banks can apply for a stay after a judgement has been passed and on what grounds . surley if the wanted to apply for a stay they should have issued a defence then applied . They seem to want it both ways and have no regard for the timescales set out by the Law courts themselves .

Might take a bit longer mate im in the same position judgement in my favour from the 1st august and they still wont cough up. Keeping telling me their applying for stay on the grounds they didnt receive court documents(rubbish). Warrant is awaiting good luck in your case and let us know how it goes

thanks very much people, dont no how to PM bit thick Bumpety BUmp

what does that mean tilly

Hi kelvid , i filed for judgement following the halifax not issuing a defence and judgement in my favour was granted on the 1st august . However when i then rang the bank to ask for my money they told me they will still be seeking a stay . I have now ask for a warrant of execution so we will see how it goes . Would be interested if this happens in your case. Keep at em

Can anyone tell me the procedure the halifax will need to take to obtain a stay of execution against a claim which has already had judgement passed.and the likelhood of this being granted???