Arrow Glabal/Drysden Fairfax/MBNA - think I am in trouble here!! Pls help me - Claim form issued

[Lou7477]

Hi

 

i received court papers recently for a debt of over 4 years ago. (Quick history, was made redundant from a £31k a year job in mortgage co, couldn't find equivalent salary locally, voluntarily surrendered house, have debts totalling over £214,000!, already had 2 children back then, then found out was pregnant, made redundant in 2011 again, now have 1 year old twins, 8 and 11 year old boys, manage to survive on housing benefit, hubbys wage, and selling my belongings on ebay!)

 

the solicitor Drysden Fairfax pestered me once I'd spoken to them via the phone and I filled in the court papers saying I admitted the debt but can not pay it. I sent them income and expenditure info, creditors list as they requested and now have had a letter saying they are still going for a ccj judgement. i have nothing to give, no large assets other than my banger of a 7 seater car which has just broke down (again!!)I do have a small job working 6 hours a week as that's all I can do bearing in mind that to put twins into nursery full time would require a salary equivalent to the Prime Minister!

 

What do i do here?? I am frightened a court will pass judgement and me not be able to repay it each month then they say bailiffs will be sent! not sure what bailiffs would take as even the tv isn't mine, we borrowed it off my mum when ours broke.

 

Can someone advise how I can proceed, i don't know if it's too late to do anything as I admitted the debt (I don't deny it's mine, never have done) I could ask for a copy of the credit agreement? would that help?

Please help me someone

thank you

[citizenB]

Ouch, I dont really know what to suggest - can you please expand on the debt that the claim has been issued for ?

 

Credit card - loan.. !! - what is the value of the debt.

 

Then I will know who to send S.O.S to.

 

 

 

Have you completed a budget sheet so the court can see how much, if anything you can afford to pay.

[Lou7477]

It was a credit card with MBNA, it now stands at £6450.19. I rang drysden fairfax and said the court sheet wasn't relevant to me and my situation, they told me to do an income and expenditure sheet plus creditors list which I have done. We have little spare cash each month, if a school trip comes up or my car needs fixing, we are knackered so to speak. Christmas is something I can't even think about right now and this is stressing me out completely I got the court name and case number off the solicitors but it's in Northampton and I live in the northwest so can't attend any hearing as it's too far away.

i don't even know why this lot are trying to pursue me, no-one else has as they now realise I have nothing to give

[citizenB]

Ok, well I think you might have been better looking further into this to see if you could mitigate any debt.

 

Northampton is simply the issuing centre - had you defended then the claim would have been transferred to your local court.

 

You only need read round the forums to see that MBNA and their solicitors are a nasty bunch.

 

Do you know if there are any default/penalty charges on this account.

 

Had MBNA or DCAs communicated with you prior to the issuing of the claim form.

 

I see Arrow Global are involved - had you been advised of the Assignment/sale of the debt.

 

Had you been issued with a Default Notice or Letter before Action ?

 

 

I will move your thread to the Legal issues forums - you dont have to do anything and you should continue to post on this thread - it is just an administrative move.

 

Chin up.. I will send out some S.O.S for you.. I am sure someone will look in on you over the weekend with some advice

[Mike_hawk]

Lou

 

Do you have any assets at all, are you in rented accomodation?

 

Assuming there was a shortfall on the mortgage at VS was this ever pursued?

 

What sort of effect would an IVA or Bankruptcy have on you and hubby with regard to your line/s of employment

 

Just wondering whether a clean slate approach would better suit and give you a fresh start

[Lou7477]

Ok well I've had a nosey round and they seem to be a horrid lot! I suspect there will be default charges etc but I've had no statements or correspondence from anyone for years.

 

I was being harassed by Frederickson international something or other, now I know they are connected to this lot. I refused to answer all there calls as they wanted private information from me yet they phoned me?!

 

i've had nothing from MBNA themselves in years.

 

i have not been notified of any assignment of debt/sale of the debt to anyone let alone Arrow

 

I've seen no default notification and not received any correspondance before Arrow instructed court proceedings via Drysden Fairfax (although they claim to have written to me)

 

To be fair, I owe so much money nothing really bothers me anymore (we already have a ccj for over £30k which we pay nothing to) but I don't feel fairly treated or listened to in this instance and would rather not have another ccj if possible.

 

Thank you for the help so far, hopefully I can sort this out before the court thing happens. I doubt if theres even a cca as I was 18 when I got this card and I'm now over 30. i don't ever try to deny I owe money, I know I do and if i could pay, i would. I'm not a person who won't pay, I just can't due to circumstances right now. I've never been in this situation before.

[Lou7477]

Hi

We have no assets, we gave our house back to northern Rock, we owe them about £123k due to shortfall after the sale. They don't come near us anymore. They did for a bit but then gave up but refused to write off the debt despite us asking them to. We rent currently and have done for over 4 years. I have a car, a grande espace which keeps breaking down. It's a 53 plate but without that i can't get the boys to school or me to work. Would they make me sell it?

I wanted someone to make me bankrupt (the fees were too high for me to do it) but no-one would as they know there's nothing in it for them. most debts are in my sole name apart form northern Rock mortgage and a joint loan we had. My husband works at a concrete firm, he's worked his way up from the bottom to become a factory manager, not very glamorous and not sure how his work would react. I am a midday assistant a school working 6 hours a week for minimum wage, how would the local council react if I was bankrupt? I've no idea.

how do i go about an IVA? Don't you need money to pay these people? we have looked hard at our expenditure and can cut back in a few areas but would the payments be huge each month?

[citizenB]

Hi

We have no assets, we gave our house back to northern Rock, we owe them about £123k due to shortfall after the sale. They don't come near us anymore. They did for a bit but then gave up but refused to write off the debt despite us asking them to. We rent currently and have done for over 4 years. I have a car, a grande espace which keeps breaking down. It's a 53 plate but without that i can't get the boys to school or me to work.

 

I wanted someone to make me bankrupt (the fees were too high for me to do it) but no-one would as they know there's nothing in it for them. most debts are in my sole name apart form northern Rock mortgage and a joint loan we had. My husband works at a concrete firm, he's worked his way up from the bottom to become a factory manager, not very glamorous and not sure how his work would react. I am a midday assistant a school working 6 hours a week for minimum wage, how would the local council react if I was bankrupt? I've no idea.

 

how do i go about an IVA? Don't you need money to pay these people? we have looked hard at our expenditure and can cut back in a few areas but would the payments be huge each month?

 

If you have no assets, then it might well be a good idea for you to think about BR.

 

You could speak to National Debtline who might even be able to put you in touch with one or two charities that still make funds available for people who cannot afford to go bankrupt.

 

In theory, the isntalments for repaying the debt should be tailored to your budget so it might be worth sorting out an I&E form - I have attached a copy of the one we advise repossession threads to use.

 

Ellens Budget Sheet.xls

[citizenB]

I wonder if it would be worth your writing to both the claimant (who I am assuming are Arrow Global) via their solicitor and advise that unless you can come to a satisfactory instalment arrangment then BR will be your only choice. It would then give you a clean sheet to restart your lives after a year !!

 

Hold fire over the weekend and see what others have to say.

[Lou7477]

Great thanks, I'll try National Debt people then. Didn't know they could help you to do that sort of thing although i would prefer not to have to be bankrupt BUT it's looking like the only choice now really!

 

I will fill in the sheet you sent thank you for that, how to I get an IVA ? How long do they last for? Do all creditors have to agree to accept the installments? Sorry for so many questions

[Lou7477]

I wonder if it would be worth your writing to both the claimant (who I am assuming are Arrow Global) via their solicitor and advise that unless you can come to a satisfactory instalment arrangment then BR will be your only choice. It would then give you a clean sheet to restart your lives after a year !!

 

Hold fire over the weekend and see what others have to say.

 

no I haven't written about that, I tried explaining on the phone bu the office monkeys weren't in a listening mood. I will wait until the weekend has gone and send them a letter!

[Mike_hawk]

Hi Lou

 

 

NDL link is here

 

 

http://www.nationaldebtline.co.uk/

 

 

They should be able to go through your options with you, not so sure an IVA would be agreed.... I'd imagine NR would vote against.

 

 

Have a chat with ndl first, you may be surprised at what can be achieved. As for employment, that's another bridge to cross once you have the facts to hand and you may find everything can be settled with a 12 month discharge to give the family a fresh start.

[citizenB]

no I haven't written about that, I tried explaining on the phone bu the office monkeys weren't in a listening mood. I will wait until the weekend has gone and send them a letter!

 

 

You are truly wasting your time talking to them on the phone. Aside from the fact that you have no record (unless you are able to record the conversation) they simply dont want to know.

[BRIGADIER2JCS]

Hi, How old id this debt? When did you last make a payment on the account?

 

The case if it does go to court will be transferred to the nearest court to you.

[citizenB]

Brig - OP has admitted the debt using the other form that comes with the claim

[BRIGADIER2JCS]

Ahhhhhh OK

[Lou7477]

Brig - OP has admitted the debt using the other form that comes with the claim

 

Only because they said I absolutely must fill it in!! I don't deny the debt so admitted it not knowing that this would be more trouble

[citizenB]

Lou, can you let us know the date of issue - top right hand side of the form.

[Lou7477]

Lou, can you let us know the date of issue - top right hand side of the form.

 

It was 16 oct but I rang the solicitor Drydens fairfax to say I was being forced to move house (landlord sold the house) and wasn't in a position to access all the info required so they told me I had until 12 nov to send form to them (not the court)

[citizenB]

Hmm, I am not happy about them basically misleading you about your options.

 

Speak to NDL on Monday - see what they have to say.. especially about the BR option.

[Lou7477]

Hmm, I am not happy about them basically misleading you about your options.

 

They said I had no option, they said to complete the info required otherwise judgement would go ahead. Even though I've done all they wanted and shown income/expenditure and list of huge creditors they still want to pursue. When I spoke to them last they just kept saying there's nothing you can do get legal advice, over and over!

[citizenB]

This is the problem with telephoning these cretins.

 

There is nothing that can be done until Monday. We can try and think of something over this weekend..

[Mike_hawk]

Shame they've wasted their money on filing the claim, no assets, no security, limited income, debt in your name only....... bl**dy fools - what a waste of time and resources for a return of a £1.00 a month.

 

As Cb says, wait until you've had your chat with NDL on Monday..... if you decide BR isn't for you we can always take a look at a redetermination if they progress to judgment.