Arrow Global - Default CCJ at Old Address & now Charging Order!

[madi's mum]

Hi everyone

 

The story so far:20th July received notice of court hearing to finalise interim charging order on property owned in London with hearing date of 21st July.

This was the first we knew of the court action as we have not lived at that address since 2001, over 10 years ago.

 

21st July – contacted the court to explain had just received notice of hearing and request that case adjourned and transferred to our local court; received confirmation from court that case adjourned until 1st September and transferred to our local court.

 

3rd august – sent CCA request to Arrow Global (14 plus 2 days giving deadline of 16th august); also requested copy of particulars of claim from court.

 

16th August nothing heard so letter sent to Dryden’s solicitors requesting any papers held regarding court case to enable us to prepare a defence.

 

18th August letter received from arrow global dated 12.08.11 and posted 15.08.11 as follows:

 

“We thank you for your recent contact in which you informed us of a different address. Under the Data Protection Act 1998 we are required to verify this address, therefore we would appreciate it if you could provide us with 2 two of the following: -

Bank or building society statement,

Utility Bill,

Valid TV licence,

Credit card statement,

store card statement,

mortgage statement,

valid insurance certificate,

correspondence or a document from:

benefits agency,

employment service,

inland revenue or local authority,

valid vehicle registration document

or valid nhs card addressed payslip.

 

Alternatively you can verify your address by contacting us on the telephone number below.”

 

First question: do we have to supply any of the documents requested to prove our address? The court service was more than happy to adjourn the hearing and transfer the case to our local court on the strength of a faxed request to do stating our proper address.

 

Secondly we truly have no physical record or recollection of incurring a debt at the London address; the debt is in my partner’s name; he did live in London from April ‘00 to march ‘01 but kept our main home address which is out of London as his primary residence and where he is registered on the electoral role since 1996.

 

By my reckoning even if there is a debt remaining surly by now it would be unenforceable; my reasoning being that a default surely would have been issued within a year taking it to march 2002, add the 6 years on to this would still only get you to march 2008.

 

The particulars of claim refer to the debt being assigned in December 2010

 

I have completed a N244 general application to the court to have the original judgement set aside on the grounds that the claim was lodged at an old address and that we would like the opportunity to study the paperwork that Arrow Global are basing their claim on as we have no knowledge of an outstanding debt at that address –

 

I need to take the application to the court tomorrow but would appreciate any pointers you folks can give.

 

Thanks in advance

 

Madi’s Mum

Edited August 24, 2011 by madi's mum

[Ganymede]

What date was the CCJ? They may have sat on it for a few years.

 

I assume the you still own your second home in London? If so the service of the Claim Form may be valid.

[Ganymede]

Also how did you get the notice of the FCO hearing? Was it sent to your non London address?

[madi's mum]

Hi, thanks for taking a look,

 

The CCJ appears to have been issued in May this year and the application for the final charging order was sent to the London address.

 

cheers

 

Madi's Mum

[madi's mum]

Just wondered if anyone could advise me about responding to the request for additional info to support the CCA request we sent?

 

cheers

 

Madi's Mum

[Ganymede]

Hi, thanks for taking a look,

 

The CCJ appears to have been issued in May this year and the application for the final charging order was sent to the London address.

 

cheers

 

Madi's Mum

 

 

 

Thanks. So why did you get the notice of FCO and not the CCJ?

 

Check your partner's credit report for the date of default etc.

[madi's mum]

Morning

 

The tenants at the property had to call at the letting agency to extend their agreement and decided that they would be helpful and give the agency the post that had arrived in our name; I can only assume that they have simply binned any previous correspondence received at that address.

 

The OH's credit file has no record of this debt.

 

Cheers

 

Madi's Mum

[madi's mum]

Update:- I have applied to the court to have the CCJ set aside so should have a new date for a hearing sometime in October, in the meantime i would like to respond to Arrow Global's request for proof of identity as detailed in post #1; if they are entitled to proof of address I will of course send it, however I would very much appreciate it if anyone can shed some light on whether or not I should.

 

Many thanks

Madi's Mum

[madi's mum]

Hello - can anyone help with my question about proof of identity for CCA? I would appreciate it as time is slipping by and I don't want the other side to say we have been obstructive. Cheers all - Madi's Mum

[madi's mum]

Hi again

 

Would really appreciate any advice regard responding to request for proof of address under data protection act.

 

Does anyone know what the worst they can do with any evidence supplied?

 

Also, as previously mentioned we have applied to the court to have the original action set aside, this entails Arrow being served with a signed copy of our application, we did ask if the judge would object to my other halfs signature being removed from Arrow's copy but this request has been declined - is there any other way of making his signature uncopyable that is still legal?

 

cheers

Madi's Mum

[42man]

You might find this thread useful - http://www.consumeractiongroup.co.uk/forum/showthread.php?156502-Registered-County-Court-Judgement-***-WON-***

[madi's mum]

Cheers Madi’s Mum

[42man]

I'm no expert on consent orders but i'd say no to it.....it would seem the debt is statute barred anyway.

[madi's mum]

Sorry, having trouble getting the formatting of the message to stay in place, just seems to run together whatever i post up

[madi's mum]

Following an application to the court to have the judgement set aside on the grounds that they had been using an address that I had not lived at for over 10 years, due to be heard next week, have now received the following:

 

Our client has now had an opportunity to consider your application and have confirmed that they have prepared to agree to Judgment being set aside and are due to tile a Defence within 14 days.

 

This will alleviate the hearing having to proceed on xx/xx/xxxx thereby keeping costs at a minimum.

 

In view of the above, we enclose a Consent Order and should be grateful if this could be signed and returned to us as soon as possible in order that we may lodge the same at Court prior to the above hearing.

 

The Consent Order is as follows:

Upon the claimant and the defendant having agreed terms:

 

BY CONSENT IT IS ORDERED that:-

 

1. The Judgment obtained on XX/XX/XXXX be set aside.

2. The Claim Form and Particulars of Claim be re-served upon the Defendant at the address 123, nowhere street, no Town AB1 2CD

3.The Defendant files a response to the claim within 14 days thereafter.

4. The interim charging order obtained by the claimant in the Court on XX/XX/XXXX in respect of blah, blah, blah address be set aside.

5. The claimant shall forthwith remove the entry registered against the Title of the property at the Land Registry in respect of the Interim Charging Order.

6. Costs in the case

 

Can anyone give me some advice on what to do next, do I sign the Consent Form and return it, I’m not too happy with item 2 and item 6 to be honest, to date I still have had no paperwork supporting this court case and am at a loss as to what account the alleged debt is for – of course there is a possibility that I do in fact owe this money but I’m willing to bet that there are charges applied to the account which would put it into dispute and therefore, if I’m correct unable to be pursued through court until resolved?

 

The day after receiving this correspondence from their solicitors I had my CCA request returned with the £1 postal order as they had been unable to verify my address; this despite the fact that their solicitors and the courts are happy to communicate with me at the stated address!

 

As always any advice is gratefully received.

 

Cheers

 

Madi’s Mum

Edited October 19, 2011 by madi's mum
formating

[42man]

Possibly writing a recorded delivery letter stating. (but worthwhile getting some more opinion from other caggers)

 

WITHOUT PREJUDICE

 

Dear Sirs / Madam

 

I write in response to your request (dated) to a consent order.

 

I am not prepared at this stage to enter any kind of consent order, especially so as you are in default of a legal request for a copy of the agreement, and I will be seeking full disclosure via the civil procedure rules for a full portfolio of documentation on this alleged debt, this will include (but not limited to) copies of default notice, termination notices, a full set of statements for the duration of the agreement, details of any inurance policies that may have been attached to the product, copies of the agreement, deeds of assignment and notices of assignment. I would like to state that neither myself or my partner have had any kind of residential connection with London for at least 10 years, which although not an admittance of any debt could possibly mean that any debt is barred by the Statute Of Limitations Act, moreover this may possibly be an act of identity theft also, which if true will be reported immediately to the police.

 

May I suggest that it may be prudent and more cost effective on your part to lift the charging restriction and each party goes its own way bearing their own costs ? If it is your intention to attempt to gain any kind of judgment I will have no option but to defend this action most vigorously.

 

I trust this makes my situation perfectly clear.

 

Yours faithfully

[Ganymede]

The Consent Order seems fair enough except I would ask for Claimant's costs of the application rather than costs in the case.

[Ganymede]

Meant Defendant's! Lol

[madi's mum]

Hi, sorry been offline as had to go to work. Anyway, thanks for the responses, I kind of think that 42man's letter addresses the concerns we had with their proposed consent order, to date they have failed miserably to provide any documentation for this case despite our having initially sent a valid CCA request followed more recently by a CPR 31.14 request.

 

Whilst I don't relish the thought, I am prepared to go to court and put my case to the judge if they don't accept the contents of the letter. I can only hope that the Judge will agree with me that it is unreasonable to expect me to agree to the Consent Order when I have had no sight of any of their supporting documentation or evidence that they are legally entitled to enforce the alleged debt.

 

Madi's Mum

[Ganymede]

Is the set aside not intended to wind the clock back to the beginning of the claim to allow you to defend the claim?

[madi's mum]

Hi again,

 

Yes you are right, that would be the intent, i take it that you don't think the letter is appropriate to the situation?

[AndyOrch]

You are absolutely right Madis Mum, particular with point 2 & 6, to agree consent you would be agreeing to them issuing a fresh claim and their costs.

The Consent as been drafted in away like a loaded gun, we will set a side but you agree to a fresh claim and we will carry our costs from the previous claim to the new one.

 

There is no need for a Consent in an application to set a side they have issued the original summons to the wrong address and therefore your set a side should be

a formality on the grounds of incorrect service.

 

Regards

 

Andy

[Ganymede]

Ignoring the SB issue for a moment, is service invalid?

[AndyOrch]

Ignoring the SB issue for a moment, is service invalid?

 

Following an application to the court to have the judgement set aside on the grounds that they had been using an address that I had not lived at for over 10 years, due to be heard next week, have now received the following:

 

Our client has now had an opportunity to consider your application and have confirmed that they have prepared to agree to Judgment being set aside and are due to tile a Defence within 14 days.

 

Its non service Gany whether Madis is still the owner or not, she doesn't reside there.

 

Andy

[Ganymede]

Fair enough, just thinking out loud as to what arguments could be used so the OP can be prepared.