Arrow/evershers CCJ+CO over old MBNA debt

[babybear39]

When did you complete and return it?

[rory32]

N245 is for application for suspension of a warrant and / or variation of an instalment order. There was no instalment order in place to vary as it was a forthwith judgement.

 

Did the court get in touch with you after you had sent them the N245 form?

[reggie76]

yes I applied for suspension of the warrant and have a hearing on the 1st of June.

[r&b]

hi reggie, the acc in dispute letter as i understand it is to prevent them taking further action against u without a properly executed agreement. clearly as they have a CCJ and CO they cant do much more anyway. Id wait n see what the SAR throws up if anything and go from there. what is the hearing on the 1st June for in post #29, is this for your set aside?

[reggie76]

No it's a hearing regarding my N245 request to suspend the warrant of execution.

[diddydicky]

just want to correct a point made earlier that:-

 

the bailiff willl not take goods if they do not cover the costs"

 

on the contrary , 'the bailiff is obliged to remove all goods that he is entitled to remove and if in so doing and after all costs of seizure and sale of goods has been met, there is a shortfall, this will be added to the original debt

 

It is solely a matter for the individual bailiff as to whether he returns a warrant as insufficient goods

 

for instance if he has a warrant for 800 pounds and clearly the goods seized would only amount to say 100 or so he probably would return the warrant

 

however armed with a warrant for 4- 5000 and have goods available that would realised say 2000 pounds ( a car perhaps) even if this would eventually only realise 500 towards the warrant he would feel obliged to seize those goods as not to do so would be failing in his duty to the creditor!

[reggie76]

Car on HP, nearly all my electricals on credit incl TV, iPOD, cinema surround, video camera and laptop. They wouldn't get much, oh and my suite and furniture was purchased in my wife's name.

[diddydicky]

jointly owned goods with your spouse or partner are seizeable he would leave you with enough seats to sit on

 

you would need to produce all hp agreements

 

there have also been cases where cars which are on finance but have equity in them have been seized as there was clear equity in them after the finance company were paid off

 

any property alleged to be in "someone elses name" other than your spouse can be seized if the bailiff beleives the statement to be untrue and the onus is on THEM to prove ownership t recover the property

 

on most ocassions he will take a walking possession order and give you 5 days to come up with the money and/or proof of ownership

 

scribbled sale notes etc do not cut the mustard

 

the only real way to avoid is to make sure valuable property is not in the house when the bailiff calls (although you should not let him in ideally)

[reggie76]

Thanks for the advice.

[car2403]

Reggie,

 

I'm going to edit your thread to remove the number of "bump" posts, as it's breaking the flow of information down somewhat.

 

While I can see why you've bumped it so often, I do think waiting less than 2 hours for a reply is somewhat OTT, if I'm honest. Some threads don't get response for days, as an example. If you need help urgently, there's some advice in my sig that should get you the attention you deserve.

 

Anyway, I can't see the benefit of sending the dispute letter now - surely by failing to comply with your CCA request, the debt is in dispute regardless of whether you send that letter or not? IMHO...

 

Also, what seems important now is that you decide whether you are going to seek a suspension of the CO and a set aside of the CCJ, as you would need to do that to have the warrant suspended I believe.

[reggie76]

Point taken, thanks for your reply.

 

I'm getting enough advice and evidence together before I apply for a set aside. But not sure whether to apply for a set aside before my hearing or not?!?

[Docman]

Reggie

 

I am also having to deal with Arrow & Eversh#ts. However, I found them to be so incompetant if you challenge them that all they have done so far since they started legal action last May is to pi## off the judge.

 

Turning to your problem, the short answer is that you should apply to set aside the CO AND the CCJ as soon as possible. You will have to put up some good reasons why you allowed the court to get to the point of issuing a CO against you. I thnk you mentioned above that Eversh#ts emailed to say a CO had to be in place BEFORE you could agree installment terms. If so this could be important. Can you type up what they actually said to you?

 

I'm not sure what your heaing on 1 June is about. You said above that it was relating to a warrant of execution. Have Arrow actually got a Final CO and have tried to enforce a sale or something?

[reggie76]

This is taken from an email received from them-

"I can advise that we have been instructed by the Client to issue Charfing Order proceedings in order to secure the debt against your property.

Until this has been made final we are unable to enter into an instalment arrangement with yourself, and the client would be looking to recover full payment in order to prevent any further action."

[reggie76]

And another email from the solicitors:

 

"Your property is an asset and our Client is within It's rights to make an application to realise that asset to recover monies owed to It. However, should an application for an Order for sale proceed, you would have ample opportunity to make the Court aware of your objections to the Order.

The Court would take into account all of your circumstances at a hearing, including the best interests of anyone else living at the property with you, aswel as the interests of our Client.

You do mention in your email that the value outstanding on your mortgage currently exceeds the value of your home. We ask that you provide us with some evidence of this, e.g. a copy of a recent mortgage statement and a valuation of your property. We also ask for any other evidence that you believe may be relevant. For example, the amount outstanding on any other loans, secured against your property. Once we have this information, we shall be in a position to seek further instructions from our Client.

Turning now to the monthly payments you have been making to this Judgment debt. After reviewing the file, I can not see any record of an agreement ever being made. There are several notes referring to your offer to pay £40.00 per month. However, when we have written to you to ask that you contact this office to discuss your offer further, we do not appear to have received a response. If you do have anything in writing to the contrary, please furnish me with a copy, along with your evidence.

There is no interest accruing on this Judgment debt at this time.

Our Client do not take the decision to make an application for an Order for sale lightly. If there is any way for It to recover the monies owed to it, without incurring further costs, It would gladly consider it. In the circumstances, we suggest that you explore any avenue available to you to attempt to satisfy this Judgment debt. Again, please supply evidence of any methods you have explored."

Does that mean they expect me to borrow money to pay off this debt???

[noogie]

I have had problems with Arrow global their dca First revenue also the original credit card MBNA I have not had an assignment notice, they sold the debt whilst it was in dispute and with office of fair trading I was handled by debt management company who messed up my accounts.paid duplicate accounts never married things up, I have now taken it back over am finding mistakes everywhere and have better records now than the company I was paying to look after me. I have a long road ahead but at least i will now know whats going on

[reggie76]

12 working days are now up and I have not received a CCA from Arrow. Obviously sending an account in dispute letter isn't going to help me but I need to know whether they have a CCA or not before I apply for a set aside.

Could someone advise of a letter I could send to Arrow advising they have not complied with my CCA request and basically, do you actually have one?????

[Docman]

Reggie

 

Please forget about a CCA request to MBNA. It isn't going to do any good now. You need to file an application to have the Charging Order set aside and the CCJ also set aside. If you don't you will be in real danger of losing the house.

 

I don't think the comments from Evers... give much ground to bash them but that shouldn't stop you applying for the set aside. You will need to come up with very good reasons why the court should set aside the orders. I think this is a case where you need a solicitor 'on the ground' who can argue your case in court. Have you been to your local CAB for advice?

[reggie76]

I appreciate your comments but when I do my set aside I need as much of a defence as I can get, so surely if there is no CCA that will help with my defence?

[palomino]

Anyway, I can't see the benefit of sending the dispute letter now - surely by failing to comply with your CCA request, the debt is in dispute regardless of whether you send that letter or not? IMHO...

 

By failing to comply with the request for a copy of the credit agreement the creditor or DCA is in DEFAULT.

 

If you wish to use this default as the base for a dispute then that is all well and good, but a dispute does NOT happen automatically. You have to write and say so explicitly.

[reggie76]

So it's worth me sending a dispute letter? So I can use for my defence?

[Docman]

Palomino,

 

Reggie is well past the stage of a default after 12 days. he is now facinga DCA who wishes to enforce a charging order.

 

Reggie, the fact that there is no CCA, and probably no Default Notice and probably an invalid assignment will all feature in your defence. Before you get to that stage you need to make an application to convince a judge to set the orders aside so that you can file a defence.

[reggie76]

Okay guys, but unless you advise strongly against it I am going to send a dispute letter out to the creditor as I will feel a lot more comfortable knowing they do not have a CCA.

[car2403]

By failing to comply with the request for a copy of the credit agreement the creditor or DCA is in DEFAULT.

 

If you wish to use this default as the base for a dispute then that is all well and good, but a dispute does NOT happen automatically. You have to write and say so explicitly.

 

I'm interested in this, palomino, as for me a dispute is a status and not something that happens because you send a letter saying you are in dispute.

[r&b]

does the 'A/C IN DISPUTE' letter not just prevent them from taking further action? is it not past that point anyway when there is a CCJ and CO already? or have i got this wrong?

[reggie76]

I just sent them a letter saying they have not complied within the 12 working day rule for supplying my CCA, can't put account in dispute as I haven't got a leg to stand on, but have asked for the CCA to be sent to me within 14 days.