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CCJ Is About To Be Enforced - But I Still Haven't Had the Credit Agreement I Asked for Under My SAR!


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Hello,

 

Arrow Global purchased a delinquent debt from Nationwide going back to 1999, and have worked in conjunction with their letterheads-for-hire lawyers Shoosmiths in bringing about a CCJ against me which was granted last month by Northampton BCC.

 

The CCJ was granted BY DEFAULT because I did not mount a defence at the time, because I was given to understand that the case would be passed to my local County Court, at which time I would then mount my defence (which is a robust one, as Arrow Global have NOT sent me a copy of the original credit agreement, which I have been asking for since the summer).

 

Therefore the CCJ has been awarded to the Claimant Arrow Global, in the absence of any credit agreement (I have a letter from Arrow saying that they will try to find it for me; this letter is dated 23rd November, and the Judgment is dated 5th December!)

 

Two days ago I sent my Witness Statement (together with my bundle including Exhibits A - T) to Northampton together with my N244 to attempt to set aside the CCJ.

 

Now I get a letter saying that the case has been transferred to Norwich CC for enforcement!

 

Arrow/Shoosmiths are therefore trying to get an Enforcement order on a Judgment which was gained without them ever having shown me the original credit agreement, as I have asked in accordance with my rights under the CCA.

 

So what on earth am I to do now?

 

Thanks in advance - I need help on this one!

 

sarah.

:). The 3 Minute Balance Transfer. Concise 7 page ebook shows you how to save thousands with a simple service anyone can use. The service is free to use and the ebook is free to members of this forum.
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I have a feeling the debt is statute barred, See Section 2 of the Limitation Act 1980.

 

Make an enquiry in the legal section about making an application to have the Judgement set aside. That stops enforcment as soon as you have filed the applicaiton. if you are not working then complete a Form EX160 fee remission. If you have no contract with the debtor collecting company then you might be able to disregard the debt anyway. This could be because Nationwide has renounced its claim from you. If you are pestered by a debt collector then see Section 1 of the Unsolicited Goods and Services Act 1971.

 

If the debt is more than £600 then you must act fast because thyey will try and transfer the claim up to the High Court and its get real messy if you are not properly trained on how to deal with High Court Enforcement Officers.

Professional property investor and conveyancer

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You have had a CCJ awarded against you, because you have failed to pay the sum owed the Claimant has decided to enforce the CCJ, it would appear that they are seeking a Warrant of Execution against you presumably through your local County Court. The Warrant costs £100 and the cost of this is added to the monies you owe. The upside to this is that the County Court Bailiff is usually quite amenable and given your N244 application may refuse to do anything. On the other hand you can submit Form N245 to suspend the Warrant pending your N244 application for Set Aside.

 

I know the above sounds blunt but all I have done is just followed through with the procedure they would have followed. You have to remember the Court knows nothing of your hassles with the Claimant, they have only heard one side of the story.

 

PT

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Thank you all.

 

To answer a few points raised here, the amount is for around £8,600. I have sent my N244 to Northampton where the CCJ was issued by default.

 

I have had notification that the case has been transferred to Norwich for Execution.

 

How do I deal with this, bearing in mind that the original CCJ was issued on a false premise (the original credit agreement never having been sent to me, which is against the terms of the CCA.)? Surely if I can set aside the CCJ with the N244 then no Execution is possible? Or is that not correct?

 

Or do I have to take separate action over the Execution matter?

 

Thanks.

:). The 3 Minute Balance Transfer. Concise 7 page ebook shows you how to save thousands with a simple service anyone can use. The service is free to use and the ebook is free to members of this forum.
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