Arrow Global Ordered to attend court for questioning

[Cambio1]

OK....hope someone can help me.

I have been ordered to attend court for Questioning in Jan 2012. This is in regards to a CCJ that was passed against me in 2008. I never received the paperwork and was completely unaware of this up until a week ago when the the above order (to attend for questioning) was served to my new address. This is because i was working out of the country from 2007- 2010.

 

I would like to get the judgement stayed so i have a chance to defend myself againt the claim....especially since, as yet, i still have no idea what/where this debt is from. Additionally i feel that the Limitation Act of 1980 and the Bills and xchange Act of 1882 may apply here (however learning how to enforce/utilise these acts in my current predicament escapes me)

 

I recieved a letter from arrow global in March 2010 (sent to my grandmothers address??). Upon receiving this letter i replied with a "Notice and Request for validation/clarification" which they ignored, along with another two letters i sent. I am assuming they ignored the letters as a CCJ had already been passed against me.

 

I cant afford a solicitor and am in two minds whether or not to get legal aid (do they have a chance of being successful), or defending myself (which since this is my first court appearence may not be the best idea).

 

I feel intimidated at this "ORDER" to attend for questioning since as yet,

i havent had a chance to defend myself,

i still dont know what/where this debt has come from,

i dont know what the company have on me/what they may bring up at questioning

 

And similarly can i refuse to answer some/all of the questions? I just feel that this has all happened behind my back and dont see why i should have to hand over my financial/personal info until i at least know if this debt is indeed mine.

 

Any help would be appreciated.

 

Thank you

[BRIGADIER2JCS]

Hi, Welcome to Cag.

Firstly what is the debt and

who is the creditor, that

Arrow are chasing the debt for?

I am presuming this is an oral

examination of your finances

to see if you can afford to

pay the judgement.

Also I am unsure of the terminology

''notification for validation and

clarification'' if require this kind

of information you need to do

a SUBJECT ACCESS REQUEST

under the Data Protection Act.

What did Arrow Globals' letter

say.

If you can post up the documents

you have after removing personal

details we will be able to advise.

[Cambio1]

Wow pretty rapid response....sorry i didnt get back sooner.

 

To answer your questions:-

 

1, What is the debt? Answer is that i still dont know. The letter states that Arrow Global has bought a debt from FV-1 Inc, and has become the data controller with regards to this debt which they claim I am the debtor of. At this moment in time I cant say whether i am or not simply because i dont know what it is.

2. Oral examination? Answer is Yes as far as im aware. They say i may have to answer questions from reps of Arrow Global and present payslips/bank details / income expenditure etc........which i dont feel comfortable with until iv had a chance do a defence.,.......can i refuse to hand over this data or not?

Additionally i am worried about answering their questions simply because they will have done cross examination plenty of times before and at present i dont even feel comfortable with admitting that i am "MR BLAH BLAH" because iv been told that in itself would be an admission of liability (since thats the PERSON on theyre documents)

3. The "Notice of request for Validation and Clarification" Was my response to the only communicae i have from them I basically sent notice requesting info about what this erroneus debt what for and any proofs they had to that claim.....ie- copy of a contract, terms and conditions, invoices, affidavits etc.

 

I dont have a scanner to put a copy of the letter up but il write out the relevant parts.

 

 

[my address]

[address]

[address]

[address]

 

Ref Number: ############

 

Monday 14th March 2011

 

 

Dear Mr #####,

 

FV-1 Inc-v-Mr ###### ##### - case number 7x####

 

This letteris to inform you that with effecct from 5th November 2010under a written assignment the debt that you owe to FV-1 Inc has been sold to Arrow Global Ltd. [ed...I dont know who FV-1 is either, nor have i ever heard of them].

 

This means that FV-1 Inc have sold the outstanding balance as at that date and all of its rights and interest in that debt (under the above account ref number) and in any security which secures it, to Arrow Global Ltd. This letter is our formal notice to you of that sale.

 

From now on you must make accordingly make all remaining payments under your agreement [ed.....What agreement?? CCJ passed in my absence which i know nothing about] to Arrow Global Ltd at the above address. Although the sale does not affect the terms of your debt, you should note that from now on, no variation, amendment, release or waiver of your obligation to make payment may be made or granted without the prior written consent of Arrow Global Ltd.

 

Please take note that FV-1 Inc is no longer the data controller with regard to your personal information. You should consider Arrow Global Ltd to be your new data controller and should you have any questions regarding our use of your personal information, please contact us at 08715999447.

 

If you wish to discuss any aspect of your account with Arrow Global Ltd you should either write to us at the above address or telephone us on 08715999447

 

Thank you in advance for your co-operation.

 

Yours sincerely

 

[signed ???]

 

Arrow Global Ltd

 

It stated a case number but didnt mention court action so assumed that was their case number.

 

With regards to what to do iv heard/ read several options being:-

 

1, Write a cover letter and attatch it to an N244 form requesting the judgment to be set aside.....which iv been told is up to the judge [which makes me uneasy since it costs me money and surely if i provide evidence showing i never received tthe paperwork then i am entitled to a defence]

 

2, I have been told to write/send a "Stay of execution".....but i dont think i can do that until i receive word as to when a hearing will be heard with regards to my request for Judgment to be set aside. I have heard that a stay of execution is necessary to stop the Claimant from trying to enforce judgment...

 

What confuses me more is the templates iv seen read like this :-

 

I, [Defendant/Litigation friend] of [ADDRESS], (Near) DH1 ### wish to apply for an order that execution of judgment entered against MR #### #### on 23rd January 2008 be stayed pending a final decision on my Application to Set Aside Judgment which is due to be heard on the ......day of..................2011....??

So if i have to hand in a Stay of Execution to prevent the plaintiff/claimant from enforcing judgement whilst my App to set asiide judgment goes through, how can i date the above documents if i dont know when a hearing will be scheduled until after theyve received processed the above documents and given me a date.... which i need to in order to put on the above documents.

 

Anyway im gonna stop talking cos im confusing myself now.

[BRIGADIER2JCS]

Save me googling who or

what what is FV-1 and what

amount is being claimed.?

[Cambio1]

Have no idea who or what FV-1 Inc is/are. The amount as i just found out the other day on the order to attend court for questioning is £1077

[BRIGADIER2JCS]

OK Cambio, leave it with me overnight

I'm away from home & office until

around 1700 tomorrow I'll see what

I can uncover.

Brig.

[Cambio1]

Dont think id be as confused if it wasnt for the fact that the judgments already passed. Need to get it overthrown so i get a chance....at least....at a defence. Kinda want to appeal to the judges better side without jeapordising any of my options (ie, common law defence, defence based upon statutes - bills and exchange, limitation act)

 

Thank you. Greatly appreciate it.

[BRIGADIER2JCS]

All you can do in this situation

is to work out an I & E totally

upfront all priority debts, taxes,

living expenses,utilities, travel etc.

take it with you, and use the

information to answer it will I

expect be under oath, care is

essential.

[BRIGADIER2JCS]

All you can do in this situation

is to work out an I & E totally

upfront all priority debts, taxes,

living expenses,utilities, travel etc.

take it with you, and use the

information to answer it will I

expect be under oath, care is

essential.

[Cambio1]

really...??

 

No chance of a hearing? I thought everyone was at least entitled to a defence. I was told the law provides remedy at all times.

 

Actor sequitar forum rei. The PLANTIFF follows the forum of the DEFENDANT

 

I know that at the moment i am seen as the judgment debtor and no longer a defendant, however it must be possible to set aside this judgment otherwise why would provisions for appeals/judgments to be set aside exist??

 

I could give them all my financial info/income/expenditures but as yet, as far as i am aware i dont owe these people anything. How can i when iv never heard of them and still to this date i have not been informedd of what this debt is....ie- credit card / loan / overdraft. As far as im aware iv never had any loans or credit so why am i being billed as though i have.

 

There must be more options available.

 

Thanks though

[postggj]

in your case i would put in an application n244 to set aside thwe judgement and give you the oppertunity to defend

 

this will cost £75 and will put every thing on hold until the set aside hearing

 

the defence would be you never received any claim form or paperwork

 

debt collecting agencies have a habit of sending claim forms to previous address to get judgement by default

[Cambio1]

Yea....iv heard they always try to get default judgments passed.....that way they profit from people who dont have the cash/umption to fight the claim. I feel I have a good chance at defence so i dont want to pass up this opportunity. Plus with it being my first court case, am looking to learn all i can with repect to due process and handling these affairs on my own (considering the financial/economic nightmares on the horizon.....ie- trying to survive on even less money means less chance of affording a decent lawyer/solicitor).

 

Well thanks for that too. Its pretty much where im at now. I have the relevant form just trying to research as much as i can. Things like the Stay of Execution sounds like a good idea since iv heard that wen i apply for the judgment to be set aside, Arrow Global will be notified and have the power to enforce judgment.......and since thats what im trying to prevent until i have put in a defence it sounds like that may be A nice addition to the N244 form..

[postggj]

when a hearing has been set by the court, all enforcement will cease until a judge has agreed the set aside

 

no need for applying for a stay

 

ive done three of these myself

 

do it quick and post up the defence/applicatin to set aside when ready

[Cambio1]

It feels really good to hear someone say that.

 

So you say just fill in the form/write letter requesting the judgment to be set aside and wait for a hearing date?

 

Will post my cover letter to go with the N244 on the forum but i dont have a scanner with which to post up the completed N244.

 

p.s do differet courts charge different amounts? I only ask because youve said it costs £75, another site said £60 and the court in my town said it would be £80.

 

Thanks

[postggj]

sorry

 

the fee for the n244 is now £80

 

put the reason for the set aside on the n244

 

i downloaded it from hm court service

 

filled it out online and then printed it off (keep a copy)

 

the court will inform the claimant

 

say that you have no idea what this debt is,

 

you never received a claim form

[count orlok]

Is it still free for people on means tested benefits such as pension credits?

[martin2006]

FV-1 inc, metropolitan, nco, morgan stanley, HSBC.

 

All to do with HSBC

[postggj]

Is it still free for people on means tested benefits such as pension credits?

 

yes

[count orlok]

That's good to know, I was thinking if I got a CCJ without knowing about it (moved a few years ago), it may be easier to keep paying £1 a month rather than paying to get it set aside. Not that I'm expecting to get any, but you can never count on DCAs to do what you expect.

[Cambio1]

Well thought id give an update on events.

 

Had my first hearing (more details on the "first time defending myself in court" thread) which was interesting and the judge ordered the claimants to produce the evidence i requested ie-CA.

 

They havent sent anything.

 

So under normal circumstances, if this was before any judgment had been passed, then they wouldnt be able to get a court to enforce it? Yes .....or i am i wrong on that?

 

Since the judgment was passed some time ago, and they have been asked to present the evidence, and they havent/cant present it...........what does that mean now?

 

From where im standing (and please correct me on this) it looks as though Arrow Global misled the court some time ago and possibly misrepresented some of the facts to obtain this judgement. Also since iv been requestingg a true copy of that judgement and a copy of the particulars of claim (to review what happened way back when) for some time now and still have received nothing im beginning to wonder whether or not it even exists!!

 

Partly bcos of bits of information coming out about he CCBC being a seperate entity to the court without any court rooms which brings into question how due process and CPR can be followed.........

And also because of my hearing (which shoulld have taken place on 02/02/2012) being cancelled. Iv been sent a letter saying it is now going to happen in March, but also subject to cancellation. Im not saying that im dubious because its been cancelled due to the court being busy.........but in this instance I cant understand why the court would put off my case when the claimants havent provided any evidence, failing in a court ordered motion for discovery, which as far as I currently understand it means i should be straight in and out.....No evidence = No claim.

 

Am i right in my thinking here......it is up to the claimant to prove their claim, and they havent.

 

Or is it still possible for the court/claimants to drop a nasty surprise on me such as some re-constituted/forged (whats the difference) agreement? Or is it still possible for the court to simply dismiss my app to set aside and enforce summary judgement anyway?

 

Any suggestions?