Bryan Carter/Arrow Global - CCJ on 23/10/12 with NO KNOWLEDGE. Please help.

[Tkstafford]

Hi,

 

I am new to the forum but I could really use some good advice. I have been reading some of the posts which I think may be relevant to me and have used some of the information already provided but could do with a bit of help if you don't mind?

 

I received a letter last week from Bryan Carter Solicitors stating that a County Court Judgement was entered against me on 23/10/2012 in respect of a debt for £327.96 with Arrow Global.

 

This is the very first letter I have received regarding this. I don't know who Arrow Global are. I emailed Bryan Carter immediately and received a letter 2 days later stating the debt relates to a credit card debt with Capital One. Apparently the agreement commenced on 31/01/2009, and that the last payment of £1.00 was received on 19th August 2009. They state they sent previous letters and made telephone calls but this is not true. I have received nothing from them at all.

 

I then found your forum and read some other posts. I contacted the court and they sent me forms to ask to set the judgement aside which I have returned to the court yesterday.

 

I have also asked Bryan Carter for a copy of the original signed CCA. They replied advising I needed to request this from Arrow Global, again I have done this yesterday.

 

I have also obtained a copy of my statutory credit report from Equifax & Experian. I have accessed the Equifax report online and it shows a debt with Arrow Global for £240.00 It does not show any payments but states a default in September 2009.

 

Bryan Carter have now sent another letter requesting payment as required by the judgement. They state payment is now due today.

 

What should I do now? I do not want bailiffs coming to take goods to the value of the court order. I am currently on Income Support.

 

I have also been in contact with Royal Mail as it turns out my post has been going to an empty house 2 doors down from me and I have no way of accessing my mail that has been sent there instead.

 

If anyone can help, I would be very grateful. Thanks.

[silverfox1961]

Hi and welcome. Sorry your post was missed.

 

Some questions.

 

Do you recognise this Cap1 debt?

 

Have you told BC that you are applying to get the judgement set-aside?

 

If bailiffs do turn up, refuse them entry, keep windows and doors locked.

 

The Arrow Global debt record on your credit file is because AG replaced Cap1's name with theirs when they bought this debt.

 

Mr Carter is well known for, shall we say, 'underhand practices'

[Tkstafford]

Hi,

 

Thank you for your reply.

 

I wrote to Bryan Carter and told him I applied to the court to set the judgement aside. I emailed the N244 form to the court and sent it by recorded delivery.

 

I don't recognise the debt. I do have others that are still on my credit file but these are all from 2005. I'm not aware of this one. I have asked for a CCA from Arrow Global.

[silverfox1961]

With every correspondence you send you ought to be adding to them, "I acknowledge no debt to you nor any company you claim to represent." This is telling BC that you won't take any cr*p from him.

I do suspect that the real debtor has vanished so Arrow Global have done a trace and found someone with the same name as the debtor-YOU! Court papers have probably got to the correct address for the correct person who may have moved hence the trace.

 

I wouldn't worry about Mr Carter as he is known to crawl back into his hole when challenged but getting the CCJ set aside on the grounds that this debt has nothing to do with you is very important. I would also send the bill to Mr Carter. Whether he pays or not is another matter.

 

Now, the interesting thing. If arrow Global actually do send you a copy of the agreement, while it would put your mind at rest, they would be breaking the Data Protection Act by supplying data to a person other than the debtor. nice to stuff them with a complaint to the Information Commissioner.

 

I would also be contacting Experian and disputing this entry and get copies of your credit report from Equifax and Callcredit. Noddle is an offshoot of Callcredit and offer credit reports for free

[Tkstafford]

What would be the likelihood of getting the judgement set aside? The lady at the court said it was down to the judge's discretion. If the judgement gets set aside is that then removed from the credit agencies files immediately or does it still show but that its been set aside? Is there a court hearing to determine if the judge should set it aside or is it done without the need to go to court? sorry for all the questions.

[silverfox1961]

Your questions seem to me like this thread should be in the legal issues section of the forum. I will alert the site team and let them move it if they feel it is appropriate.

 

Re court. I have seen where a judge has allowed the set aside without a hearing but I do agree it is down to the judge on the day.

 

Your grounds are that

a) this was never your debt.

b) You never received any court papers thus removing your right to defend.

 

In my opinion, this should be a no brainer for the judge

 

If the judgement is set aside, it will be as if no 'trial' had happened although it will take you back to the start of the case giving you the chance to defend should mr carter decide to carry on.

 

Not too sure about your credit file though.

[AndyOrch]

You need to submit the N244 to make application to set a side Tks there is a fee which varies with an hearing £80 without £45.I agree with Silverfox subject to the claimant there is not always an hearing involved.

The marker will remain until its determined if the claimant wishes to continue or withdraw.

 

Regards

 

Andy

[Tkstafford]

Hi,

 

I sent the N244 to the court by recorded delivery and a copy via email. It is showing as arrived when I checked earlier today.

 

I also sent an application for the fee to be wavered due to my income.

 

Do you have any idea how long it will take for a judge to review the form? Sorry for all the questions. I have not done any of this before as it's all new to me.

 

Thank you for all your help.

[silverfox1961]

It really does rely on the amount of casework the judge(s) have. If they are swamped, you could be waiting a while.

 

While you are waiting, you could instigate a formal complaint with Arrow as it would have been them who instructed Carter

[Tkstafford]

I have written to Arrow to ask for the CCA. Do you think I should wait for them to reply before contacting them again?

[huggy41]

i would also make very detail notes of your time spent and your cost on this matter. after all it's your credit file that has been trashed by these idiots and they should pay dearly for it.

[Ganymede]

Do you know what address the Court served you at?

 

Have you moved in the last few years?

[Tkstafford]

Hi,

 

Sorry I have not been back here in a couple of weeks due to health issues.

 

The Court served the papers to my address but they didn't get to me, they were posted through an empty house 2 doors down from me, so I was unaware of anything going on.

 

I sent a letter recorded delivery to Arrow Global requesting a CCA. They have not responded at all but I have a copy of a signature to say they received my request. This was signed for on 23rd November 2012. When does the 12 + 2 start and is it working days? If so does Saturday count as a working day?

 

I have not received anything else from Bryan Carter either. I'm panicking a bit because I'm worried they will send the bailiff's and with it being so close to christmas, its all a bit tense.

 

Thanks for your help so far.

[AndyOrch]

But have you made application to set a side? They are not required to respond to a section 77/78 request if a judgment is in place.

 

Andy

[Tkstafford]

Yes, I sent the N244 forms back to the court and still waiting to see what will happen with regard to them setting it aside. Any idea how long this will take?

 

And will Bryan Carter have to apply to the court to enforce the judgement and enable him to send bailiff's around? If so, how long will that likely take? If not, can he just instruct bailiff's to call as and when he feels like it?

 

This is very stressful.

[AndyOrch]

Subject to how busy the Courts are but usually 2/3 weeks.If he attempts enforcement or rather execution you can make application to stay it pending the set a side.

[Tkstafford]

How would I do that?

 

Sorry for all the questions!

 

Thanks.

[AndyOrch]

Using a N245