Backdoor Arrows CCJ - old Cap1 Card Debt Prob SB'd **SET ASIDE**

[vw_golf_nutter]

Hi everyone,

I have a bit of trouble I need help with.

I was recently rejected for a flat that I wanted to rent due to a CCJ for £287 filed in Aug 2012.

I traced where it came from and Northampton County Court told me its from Arrow Global and that they stated I have made an agreement to pay monthly but did not keep up with this.

I never made an agreement with them!!

I have 1 letter from then at my old address asking for £200 but I have written on the bottom that I called them to ask where this debt had come from and asked for the information to be sent through in writing as I am not acknowledging the debt without knowing what its for.

They never wrote to me again after that so I forgot about it.

I now have a CCJ!!

I am annoyed because I have had no letters about this, I did move again in March 2012 but my mail was redirected to here so I would of got a letter.

I also got nothing from the court telling me of a date, and nothing to say I have a CCJ.

I mean, im on the council tax list, voters register everything so why have i had no letters?!?!

I have traced this debt back using the reference number the court gave me and it relates to an old credit card I had 10 years ago.

It was so long ago I have no paperwork for it but I definitely have made no payments or acknowledged a debt on this card for well over 6 years so I didnt think it would go to court.

Obviously it is a debt company who has bought the debt I dont know how many times since the card company owned it but I have not once acknowledged it so I didnt think it would be acted upon.

I now have a CCJ on my file for 6 years stopping me from being able to rent a flat and all for £200 which I would of just paid had I of been made aware of all this.

DO i have any sort of re-course?

The claimant in court stated I made an agreement but this is not true.

Can i argue this as I was given no court date to attend?!?

Any help apreciated.

[sequenci]

Hello there.

 

Given what you've said you could make an application to have the judgment 'set aside'. For this to succeed you need to meet two key points:

a) you must make the application promptly

b) you must have a reasonable prospect of success

 

b you certainly meet due to the potential that this debt is subject to the statute of limitations. the promptness argument might be a little more difficult as could be judges out there that feel the application hasn't been made promptly enough - that said you should look to argue that you made the application as soon as you became aware of the judgment. I think it would be a pretty rotten judge that wouldn't allow the application.

 

More info on setting judgments aside here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

[vw_golf_nutter]

thanks for that info. Do i need to apply to the court where it was issued though, Northampton? Thats 300 miles away from where I live. Ive never lived near Northampton. Can i go to my local County Court?

[AndyOrch]

thanks for that info. Do i need to apply to the court where it was issued though, Northampton? Thats 300 miles away from where I live. Ive never lived near Northampton. Can i go to my local County Court?

 

Any successful application will transfer the claim to your local County Court for hearing.

 

Regards

 

Andy

[vw_golf_nutter]

hi, i have been and got the N244 form you said about but i have no clue how to fill it out. I read the guidance notes but it says its an application for a court order. i dont really understand what im supposed to put on it.

firstly do i put Northampton County Court in the top right box or do I put my local Court? And where do I send it?

Question 3 says what order are you asking the court to make and why, i have no idea!

 

Any help apreciated as im not confident in what im doing at all.

[Ganymede]

Search around the forum there are numerous examples for wording for set aside applications.

 

Also your application with be sent to Northampton CCMCC.

[vw_golf_nutter]

hi all,

I found out about a CCJ on my credit file when I was rejected to rent a flat. I traced it and worked out they had written to a previous address and this is why I had no knowledge of it. The debt was from 2007 and for £200.

 

I went to my local court and today was told it would be set aside as I had no knowledge of it.

 

What happens now though? I didnt want to ask the judge as she looked a bit mean! lol.

She said they would serve notice again to my new address, what does this mean? Will I get an oppertunity to pay it without it going back to court?

[citizenB]

You will receive a notice from the court "General form of Order". This will be sent to both you and the claimant.

 

If you wish to repay the debt then the company may well write to you. I do not think it will be in their interest to reissue the claim to your new address.

 

If you give us some idea what the debt was for then perhaps we can offer other advice

[vw_golf_nutter]

it was a capital one credit card back in 2004 but the last time i paid something to it was 2007 but just under the 6 years so gotta pay it.

[citizenB]

I will alert the site team for you to see if they can advise whether you should approach the company or wait for them to approach you.

[vw_golf_nutter]

ok thanks, yeah i dont want them to file court proceedings again before giving me an oppertunity to pay.

[dx100uk]

can I suggest you get an SAR off to cap1

 

WHO took you to court?

 

do you know?

 

[the claimant]

 

dx

[DonkeyB]

If the CCJ was in 2007, then it will drop off your CRA file sometime soon, and the claimant will almost certainly be unable to enforce after six years. When exactly was the CCJ granted, and what is recorded on your credit file?

[vw_golf_nutter]

ok i must not be talking sense sorry,

 

the credit card was taken out in 2004, my last payment i made to it was in 2007 so not quite the 6 years ago to claims statute of limitations. The debt was sold from capital one to Arrow Global in 2011. They took me to court without me knowing and the CCJ was filed in August 2012.

I only found out about the CCJ on my file in March 2013 when I was rejected for a flat rental. I then applied to my local court for them to set aside judgement as I was not aware of the proceedings.

Today the Judge agreed to set aside judgement.

I probably do owe the £200 remaining balance on the card and Im happy to pay it but im just wondering what he procedure is now.

I presume both parties myself and the claimant arrow global will receive a letter regarding the judgement being set aside.

Do arrow global then write to me asking to pay the outstanding amount or do they file another claim and serve notice to me at my current address or what?

I just want a chance to pay before it goes to court again.

[IdaInFife]

You are back in the same position as though they hadn't issued any court papers, so for them to continue they would need to reissue the claim from the beginning to the correct address.

 

It is up to you whether you wish to pay it off and get rid of it or check to see if they are any charges / ppi or dispute mount etc by sending the sar as suggested above.