Arrow Global / Brian Carter VS ME - CCJ now issued on the sly - HELP ME PLEASE

[Undercover-Elsa]

You might also like to keep an eye on this thread, which is just a little bit ahead of yours.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?269811-Bryan-Carter-advice-needed-asap-please

 

He did agree to the extension

 

 

 

[harrassed senior]

thanks for all your advise i do hope he does discontinue as he obviously has no proof that i have this debt with the bank or he would have sent me my info lol

 

i await any further correspondence and will update on here if i get any doesn't he have a time limit to for the info i requested??? even if he claims my request to be unreasonable?

 

But do make sure you send in a notice of a defence and then enter this, as otherwise he will get judgement by default, unless you enter the defence by the required date.

[slayer03]

where do i send my defence to?? do i wait to here from the court about me contesting jurisdiction??

[harrassed senior]

Assuming that you will want this case heard in a local Court, as soon as you file a defence this will automatically happen. You will send your defence to the Northampton Court address.

[slayer03]

OK so after receiving a claim form from Northampton county court and relying to that contesting all jurisdiction then i wrote to Brian carter asking for all my documents under CPR 31.14 which resulted in him saying my request was unreasonable then i wrote him again a letter giving him an extension etc under CPR 15.5...having heard nothing i began to gather together relevant things about my defence yet have been slammed with a letter and CCJ from court demanding me to pay him monthly for a debt from arrow global i know nothing about and is from ages ago, now i have to apply for judgement to be set aside and pay £75 for the privilege of going to court in person and sorting this out..... I am really unsure what to do and what to put on form N244 please help

[dx100uk]

three threads merged

please keep to one for all updates on this debt

 

dx

siteteam

[slayer03]

sorry

[Bazooka Boo]

Are you saying he obtained a CCJ against you for another alleged debt you know nothing about and were inaware of? Or is this for the same alleged debt?

This imbecile is extremely irritating, how he can still practice is beyond me..

[Notasniceasjoe]

It's shocking that this has happened, but it's exactly what such claims depend on, namely folks not defending and then winning by default, with a terribly dodgy claim.

 

You can't afford to miss the deadlines and not being familiar with the process does not make that easy. I've learned over the past few months to not wait on hearing anything, check it out and if there is a deadline then it's vital to meet it. I wasn't informed that my case was stayed, wasn't informed that an application for default judgement had been made, wasn't informed that the stay had been lifted and case restarted. I wouldn't have known any of that if I hadn't called up and asked the court. From reading the thread it looks like you waited to hear something from your local court and got blind-sided with a default judgement.

 

The set-aside route is something I don't know anything about, but you will get capable help. Very best of luck with that application, if you choose to make it.

 

One thing I did notice is that you were advised earlier that your case is Statute Barred, in being over six years with no enforcement - I don't think that is the case. It's possible that someone mistook the 2004 date of you opening the account with the 2005 date of the default. It's from the latter that the clock starts ticking and that isn't long enough, unless you are in Scotland.

[slayer03]

Yes he obtained a CCJ against me about this debt of where exactly its from im unsure i have stated in this where i think its from but receiving a CCJ saying i have to pay arrow global and not detailing anything else makes it clear to me that its them i have made a debt with and no one else!

as for Brian carter...it isnt surprising after reading about him on here that he refused to send me the info i asked for, i have been given a form from the court to get this set aside....can anyone help me fill it out it is very technical the form is a N244 and is basicly a blank form.

 

can someone please read all this thread and help me fill it out if you could please i would really appreciate it

[Undercover-Elsa]

Morning Slayer,

Am I right in thinking that this is a completely different issue/ debt to the Bryan Carter case covered in this thread?

If so it does need to be on a seperate thread otherwise things will get very confusing.

 

Tell me if I've read this right...whilst in the middle of dealing with the BC claim, you've received a CCJ out of the blue for a different debt.

Or have they slipped a default CCJ by you for the Bryan Carter case we've been dealing with here?

 

Either way, take a look here at how to go about the set aside:

http://www.insolvencyhelpline.co.uk/ccj-removal/index.php

 

take care,

Elsa x

[slayer03]

no this is for the same debt

[Undercover-Elsa]

Ahhhhh gotcha. I've not had enough coffee yet LOL.

[slayer03]

bump!!! any new my time is running out and soon i will just have to pay it please help me

[Bazooka Boo]

[dx100uk]

It's shocking that this has happened, but it's exactly what such claims depend on, namely folks not defending and then winning by default, with a terribly dodgy claim.

 

You can't afford to miss the deadlines and not being familiar with the process does not make that easy. I've learned over the past few months to not wait on hearing anything, check it out and if there is a deadline then it's vital to meet it. I wasn't informed that my case was stayed, wasn't informed that an application for default judgement had been made, wasn't informed that the stay had been lifted and case restarted. I wouldn't have known any of that if I hadn't called up and asked the court. From reading the thread it looks like you waited to hear something from your local court and got blind-sided with a default judgement.

 

The set-aside route is something I don't know anything about, but you will get capable help. Very best of luck with that application, if you choose to make it.

 

One thing I did notice is that you were advised earlier that your case is Statute Barred, in being over six years with no enforcement - I don't think that is the case. It's possible that someone mistook the 2004 date of you opening the account with the 2005 date of the default. It's from the latter that the clock starts ticking and that isn't long enough, unless you are in Scotland.

 

that last statement is not exaclty true

a default does not reset the SB clock, the SB clock tick from your last payment/ or written ack.

 

dx