Orange/arrow global-default judgement - URGENT - help needed

[MARTIN3030]

Posting here for user lgbsos

 

 

Can any one help,

received a judgement against my name from an arrow global

 

am trying to defend the judgement as the alleged debt which was for mobile phone contract with orange in 2005

where 2 dd's apparantly were taken from my bank, which I can not find out as orange don't seem to have the paperwork

and i have no idea which bank it was taken from.

 

The phone was bought from a shop and I have asked for a copy of a signed contract or a copy of a signed dd but do not seem to be getting anywhere with Arrow or Orange.

 

Have already been up in the court and was ordered to pay Arrow court cost and they had to supply more evidence otherthan a statement of account from orrange.

 

I have never heard of Arrow global although they have supposed to sent me 3 letters in five years

the fiirst I knew of them when a judgement was received

 

unfortunately I did not receive a court calim form previous so did not have the opportunity to defend my case.

 

I am banging my head against a brick wall,

 

I am totally denying the outstanding amount I have never had a contract phone in my life always had pay as you go as I loose them frequently.

 

I did live at the address that orange and arrow have at the time of the debt but am in the total dark about the debt.

 

Court never went so good and I am totally out of my depth and am back in court the last week in jan.

 

I need help desperately can any one help???

 

Surely to god the statement of account is not enough evidence to get some one to pay £2500 as this is the amount of the debt.

 

Surely out justice system is better than this, cos unless I can proof otherwise

the judge is going to make me pay the debt with extra charges to Arrow and court fees etc.

[MARTIN3030]

What date was judgement given ?

Was it done by Northampton bulk centre ?

[unclebulgaria67]

So you have never had any contract with Orange be it for a mobile or mobile internet or home internet ? Were you living at the address at the time the contract is supposed to have been arranged and for sometime after this ? If so, did you receive any correspondence from Orange. What is the history of this or has it come out of the blue? Could anyone living at the address have taken out any contract with Orange using your name and kept you in the dark about it ?

 

If you are due back in court at the end of January, when do you need to submit details to the court next ? Is there time to make the relevant CPR part18 to Arrow Global ?

 

I think you should get a local solicitor to assist you with this. Can community legal help you get an urgent appointment ? http://www.communitylegaladvice.org.uk/

 

edit - I think you should apply to your local court to get the CCJ set aside on the basis that you did not receive the court claim and therefore were not aware of any proceedings. Also you have no knowledge of the basis of the claim. This should stop the current hearing and instead they will look at the set aside See link for process.

 

http://www.insolvencyhelpline.co.uk/ccj-removal/step-by-step-process.php

 

These are my thoughts.

 

Site team- Should this not be in the legal forum ?

Edited January 9, 2011 by unclebulgaria67

[citizenB]

Yes, I think it should Uncle B, so I have moved it

[citizenB]

Have sent out some S.O.S. flags

[gh2008]

How have you got a Judgment against you, yet you are back in Court at the end of Jan??

 

One of those two facts is wrong surely??

 

Did you actually go to Court at all? how do you know about the Claimant only having a statement?

What paperwork do you have now?

 

lots more info required before we can really help I think....

[diddydicky]

how lonmg ago was the ccj obtained

 

what address was the cck registered at

 

you need your 2005 CRA files - if you had an account it should show up on their files

[MARTIN3030]

All these questions have already been put to the OP and I am awaiting a response.

[Bazooka Boo]

Subbing..

[emandcole]

All a little odd, let's wait for the answers and between us and we can hopefully get this sorted out! Bryan Carter though...explains a lot from the very off.

[lgbsos]

sorry never replied was off having a baby. Back on the ball hopefully now. A few answers for you. Been in court once Arrow had to provided more evidence and I have to buid a defence. I have never received any letters from arrow or orange proir to the claim from northampton County court. requested a Sar from ornage I'm still waiting. Contacted Arrow twice through letters no response. Finally received a witness statement today as we in court on Jan 24th. In it is a statement from orange not sure if I believe it though. They got my old my bank details and two dd's taken I am still none the wiser about the phone contract. I can not get the info from bank as I haven't been with them for years and struggling to get any cooperation. It is possible that some one took it out in my name as I shared the flat with others and worked away alot.

We tried to get the judgement set aside as we had no prior knowledge, but it seemed we were basically being told as arrow global have copies of letters sent to previous a address ( although we had moved at the time of the letter being sent), that we have ignored the correspondence and therefore are liable for the CCJ, I am at a loss as to where to go from here as we are in court next week and truely have no idea what this is concerning.

It does seem to look like this acount has been taken out in my name without prior knowledge, but as I have no information I feel I am being steam rollered into taking the blame for an account I have not held.

[citizenB]

Any chance you can depersonalise and pop up their witness statement ? That would be useful in order to help you rebut any claims they have made.

 

BTW, congratulations on the birth of your baby

[unclebulgaria67]

It does seem to look like this acount has been taken out in my name without prior knowledge, but as I have no information I feel I am being steam rollered into taking the blame for an account I have not held.

 

You need to be able to cast doubt on the Orange contract being yours. Can you get a delay to the hearing, while investigations with Orange and your previous bank take place? Speak to the court to see how you can arrange to postpone the hearing.

[gh2008]

If it is 100% not your account then I would go to the Police and report the crime.

 

I would then write to the Court again detailing the Police report.

 

Get a 1/2 hour free appointment with a local solicitor and get help.

 

What is this next hearing as it sounds as though it could be a charging order or some other enforcement of a judgement debt hearing if there is already a default judgement.

 

Have you got a copy of ALL the paperwork from the case so far?

 

What do any of the Orders say?

What does the letter notifying you of the next hearing say?

[diddydicky]

the police aspect is a waste of time- it is a civil matter and they will not give you a crime report number- concentrate on the civil aspects