I court with Arrow Global this morning!

[morganator]

While i was out at work yesterday a bailiff called at my house - my Girlfriend was in and answered the door he asked for me she told him I wasnt at home..etc she refused to give anymore info to him but he gave her a sheet of paper with the heading :

 

"IN THE HIGH COURT OF JUSTICE QUEENS BENCH DIVISION"

 

Claimant: Arrow Global Ltd

 

Defendant: "Me"

 

it then tailed off about a judgement debt for £1610.19 but after a load of fees and interest had been added the total levy was: £2818.18p!

 

I have no idea what this debt is I have googled arrow global and they are a company who buy up debts on the cheap so Im none the wiser with them

 

Obviously they arent getting any money from me without a fight and Im not intimidated by bailiffs at all but I would like to know what I should say to him if/when he returns is there a way I can find out what the debt is supposedly for?

There are no court case numbers or court info on the letter just a reference number for Marstons use.

 

Any advice would be much appreciated!

[Thegreenpimpernel]

£1200 is a perfectly reasonable fee for knocking on your door....

 

Only joking! You have to laugh.

 

Anyway, I'll get the ball rolling with the 'standard' questions:

 

1) You've stated you weren't aware of the debt, so you were certainly not aware of the CCJ. Have you moved address recently? Vacated a business premises?

2) Was there a car on the drive? De he levy on it? Leave paperwork to that effect?

[morganator]

Hi thanks for your reply.

No there was no car on the drive so no levy could be applied there (I have a pickup truck I use for work as im a plasterer so could he levy on that?)

 

Also I have done some digging round in old papers and I have sort of an idea where the debt may be from - I found a letter from a debt company (FV-1 they were called) who notified me they had sold a debt in my name on to arrow global so thats where the debt came from.

 

unfortunately about a year ago I wrote off asking for proof of the debt from FV-1 (cca request) I was mortified when they sent me back a photocopy of a county court paper where I was offering to pay £10 a month or something like that - I had no recollection of doing this and was more suprised when I looked at "my" signature and realised it was my girlfriends handwriting! when i asked her about it she said she had filled the form in for me to try and help me out as I was doing pretty badly with my debts etc. unfortunately now FV-1 say that means I have acknowledged the debt and they then went onto get a CCJ against me and also an order on the house with the land registry! if I had seen the paperwork from FV-1 myself I would have known that the debt they were chasing was statute barred but now shes signed my name its all restarted again.. so I did what i do best and buried my head about it and it did seem to go away untill this week when arrow global and Marston have got involved now.

 

Can I have the CCj overturned if I point out its not my signature on the document?

I have printed out a CCA request to Arrow Global will it do me any good to send this in to them (my thinking is that if they send me the same copy of my falsified signature on the ccj form then I would this time kick up a stink about it not being my signature etc)?

 

the debt with FV-1 is either for barclaycard or an old HSBC account I had around 2002 or earlier I think (Ive never been provided with any paperwork or proof of any kind)

 

I would really like to get this sorted out as it just seems its never going to go away..

[Thegreenpimpernel]

On the enforcemenrt side of things, i would certainly apply for a setaside.

 

It's got to be worth a shot. I think it's a £75 fee that could get rid of the HCEO fees and the CCJ* (*for now).

 

There are other aspects to this that i would submit to the debt collection and / or legal issue sections of this forum. i.e. when the ccj was awarded, was it statute barred at the time, who applied for the ccj and so on.

 

Regarding your truck. If it is solely for business purpose they can't touch it, but I'd keep it hidden anyway unless you enjoy the 'sport' of battling with bailiff companies.

 

If the set-aside fails, i believe you can apply for a variation order if you can't pay the fees / payments demanded.

 

There are people who know more about High Court Writs than me, i'm sure they will be along.

Edited April 23, 2011 by Thegreenpimpernel

[morganator]

Sorry for the late reply!

 

Many thanks for the advice given so far - its been a massive help, I ended up putting the forms(n244) in to the court to have the judgement set aside this was accepted and I have now got a letter from the court saying I am to attend a hearing at the end of this month. I have since sent a cca request off to marstons (recorded delivery) and so far (over two weeks now) I haven't heard anything from them.

 

So what is it I do next? should I CCA Arrow Global again (my last one was returned unopened as they didnt sign for it) as I said I have CCA`d Marstons bailiffs also and heard nothing. My defence at court is going to be that I never saw the court papers or other supporting documents as I was going through a marriage breakup at the time and wasn't at the property. If this is accepted then what happens? I'm pretty sure the debt is statute barred (although Im not positive as I have no documents with any details of the debt as yet).

 

Whats the odds that arrow global dont show up to defend? if they dont what happens?

If Marston and arrow global dont respond to my CCA requests what do i do next? is a cca the only way I can request to know what information they have on me? if the debt is for a bank account as I suspect it is then is a CCA request void and if so what should I do?

 

sorry for all the questions but I just want to get this sorted out once and for all..

[Thegreenpimpernel]

Haven't a clue.

 

You should probably start a thread in the debt collection forum to address this point, there's people over there who deal with this sort of thing every day. Often with good a outcome.

[morganator]

OK i'll do that - thanks again for your help though its very much appreciated!

[Thegreenpimpernel]

If you want to return the favour....

 

Tell me when the new Family Guy episodes are shown.

 

I've missed them all!

 

I swear the BBC3 adverts give the wrong times.

[morganator]

tonight 10pm!

[morganator]

Ok Ive been told this is the place where I should tell my story and hopefully get some guidance and advice..

 

I've been guilty as most have on here of burying my head about debts etc in the past but Im trying to get back on the straight and narrow now..

I went through a marriage breakup and during this time I didnt get to see a lot of my mail ( I wasn't always at the home)

I ended up with a CCJ and also a charging order placed on my house by a company called FV-1 (debt company)

 

I ignored this as they never bothered me..

 

I received a notification from the county court that in early march this year my debt with FV-1 had been transferred over to Arrow Global I got a letter from Arrow Global also stating that they now owned the debt and were now the data controller.

 

I ignored this also

 

Got a few threatening letters from arrow global ..u guessed it I ignored them..

 

Then one day my Girlfreind rang me to say a bailiff had been to the door asking for me, he had a left a sheet of paper saying he was from Marstons and he was a high court enforcement officer and he had called to collect a debt on behalf of arrow global the debt stated was £1610 but after he had added fees etc to it I now apparently owed him £2818 ! (£444.20 for just visiting me that day when i wasnt in!)

 

This actually made me panic a bit as the thought of him coming back and removing or clamping my van or climbing in an open window to levy on my goods is a not a nice thing.

 

To this point I didnt even know what the debt was for so i rang the county court and the lady was very helpful she looked through the case for me and said it was from a debt with HSBC bank from many years ago (I think she said 1998 then it had been sold off in 2006)

 

I cant even remember if I had this bank account to be honest as back then I ran a few small businesses from diff banks.

I pointed out that I had no knowledge of this debt and had not been notified of the court case etc..because mainly I dont think I was at the house when the papers probably arrived (and were most likely binned by my now ex wife).

 

So following the lady at the courts advice I submitted a n244 form an application to have the judgement set aside because I never received the court papers.

I have now been notified by the court that I must attend a hearing at the end of this month to see about having it set aside - in the meantime Marstons and arrow global cannot chase me anymore.

 

So now Im going to court (gulp) to plead my case that I have never received any notifications of this debt - I also have no documentation from anyone telling me about the debt - surely If I have not acknowledged the debt and its over 6 yrs old then its statute barred?

 

I have sent a CCA request off to both Arrow and Marstons - Marstons have not replied and the letter sent to arrow global was returned to me by the post office as being non deliverable!

 

What should I do next? should I find another address for arrow global and cca them again? Im hoping that they dont have any type of paperwork for the debt as Ive certainly not seen anything is a cca request even valid for a bank debt?

What would happen if Arrow Global dont turn up at the court? would I automatically get the judgement and charging order set aside?

 

If anyone can give me some advice or point me at template letters I should be sending off then I would very much appreciate it - I cant afford to pay the amount asked - Im self employed and get working tax credits if that has any bearing on anything.

 

Apologies for the long post but I was trying to explain the situation as fully as I can

[hallowitch]

did you also apply for a stay of execution on the Writ of Fifa

[morganator]

I have no idea what the writ of fifa means? all I have done is put the n244 form in at the court and they have given me a hearing date - is there something else I should have done?

[hallowitch]

I have no idea what the writ of fifa means? all I have done is put the n244 form in at the court and they have given me a hearing date - is there something else I should have done?

 

HCEO is not my thing really i leave that up to ploddertom (unfortunately he wont be around for a few days)

 

when a CCJ is transfered to HCEO they apply for writ of fifa which i believe is a warrant giving them the legal right to enforce the debt i believe you need to use an N244 to put a stay on the writ while you are waiting for the ccj to get set aside

[morganator]

I recently CCa`d arrow global and had my recorded delivery letter returned to me unopened - I need to SAR Arrow global as Im in a hearing with them at the end of the month and I have absolutely nothing about the debt they claim they have on me (see my other thread in this forum).

I realise they have 40 days to reply with my SAR but at least I can show the court I have applied if I get it sent it off asap but I cant find a reliable address to send the request off to.. all the correspondence I have had from them just has a DX 16857 address which is no good ..

 

can anyone help please as Id like to get this sent tomorrow..

[BRIGADIER2JCS]

Just Google Arrow Global all addresses available

[MrHat]

I have been usi9ng

 

Belvedere, 12 Booth Street, Manchester M2 4AW

[BRIGADIER2JCS]

thats the one.

[morganator]

can anyone help?

[maroondevo52]

Hi morganator.

 

I've moved this thread to the Bailiff Forum for a bit, see if you get any help, if not I'll shift it again.

 

Regards.

 

Scott.

[hallowitch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?302943-bailiffs-Marston-Group-Bailiff-turned-up-demanding-2818.18p-for-debt-with-Arrow-Global&highlight=

 

 

The OP has a thread regarding this already posted in the bailiff forum i think he need further info that we cant help with

[maroondevo52]

Ok, thanks I'll move it back to the Debt Collectors Forum.

[BRIGADIER2JCS]

If I am reading your post correctly this is a current account a current account which therefore is not covered by the CCA as there

is no regulated agreement,so as this is an old account just coming to light the possibility is it may be statute barred.

I think you need to know when the last payment/acknowledgement of the debt was made.

You need to do a subject access request to the bank which will give you all the data they hold on the account, this costs £10.00

and they have 40 days to reply.

You will then be able to see when the account was last used.

There is a template in the Cag library have a read and come back for more advice,

Edited June 8, 2011 by BRIGADIER2JCS

[PGH7447]

Ok sending marstons a cca request is a waste of time, as for arrow, if you dont know what the debt was then a prove it letter would be best, in the meantime, contact HSBC and ask for details of this alledged debt, if they cant provide anything then chances are this debt is well over the 6 year statute barred time limit so that is your defence, that arrow or whoever tried to get a ccj by default on a statute barred debt.

[42man]

If it is statute barred or if there is a gap of 6 years where you have neither made any payment towards or acknowledged the debt in writing then it will be statute barred

you may find these threads very useful - http://www.consumeractiongroup.co.uk/forum/showthread.php?156502-Registered-County-Court-Judgement-***-WON-***&highlight= and this one - http://www.consumeractiongroup.co.uk/forum/showthread.php?162456-Help-with-statute-barred-debt-county-court-claim-form

[harrassed senior]

Just butting in here on another point that crossed my mind. If a CCJ and or Charging Order is sold on, then should not the purchaser apply to Court for a change of ownership, I am sure I have read on here several times, that if this is the case, the money is owed to the original plaintiff and not the purchaser?