Arrow Global / Blake Lapthorn - Judgement by default. CCJ registered at previous address - Help!

[bombay121]

Hi Guys,

 

Hope someone can help me. I received a letter 2 weeks ago from Blake Lapthorn regarding a claim that had been entered against me advising that it was still outstanding and they would like to help me set up a payment plan etc etc. Now I knew of the debt but hadn't been able to pay anything for over a year and up to this point hadn't received any letter up until now.

 

The debt relates to a Virgin Money agreement taken out in 2007 with the last payment being made in Nov 2011. I stuck my details into the Trust registry at a previous address and lo and behold they had been granted a CCJ in Feb this year even though I hadn't lived there since Dec 2011 and I am on the electoral roll at my new address (They must know where I live as the solicitor sent me this letter to my new address)

 

Now I guess there isn't a lot I can do now but I just wondered where I should go with this. Obviously I know I owe some money but how do I find out what the balance is made up of and what they know about me? I have no paperwork and don't know if there was any PPI etc. The amount outstanding is approx £500 more than the limit of the card. I sent the solictor a letter advising that their clients name, balance etc meant nothing and to provide me with more details, heres the reponse:

 

Dear Mr ***

 

We are able to inform you that Arrow Global Limited are a debt purchase company who have in this case, purchased a debt from MBNA.

We can confirm that the debt of £3,935.40 is in relation to a Virgin Money credit card Agreement numbered ************ and dated 30th August 2007. The debt was assigned to our client on 20th December 2011 and notice of the assignment would have been sent to you.

The last payment was paid to the account on 25th November 2011 in the sum of £7.00.

Please now provide your proposals for repaying the debt owed to our client.

 

Any advice on how to proceed would be greatly appreciated.

 

Thanks

B

[BRIGADIER2JCS]

Did Virgin Money know of your new address?

As this is a judgement in default you can apply to the court to have this set aside on the grounds that you did not receive any claim documents and therefore had no opportunity to defend the claim.

 

If Arrow Global want to enforce the debt via the court they will have to apply to change the judgement to their name.

 

My guess is they have no idea there is a judgement in place.

 

I think your best move is a SAR to MBNA to get all the data on the account, including PPI if any.

 

Use the template from the CAG library, there is a statutory fee of £10 and MBNA have 40 days to comply.

 

The SAR will provide ALL but it is still wise to specify particular documents you require.

 

In the mean time send a CCA request to the solicitor asap.

[bombay121]

Hi Brigadier,

 

Thanks for your reply, the judgement is in Arrow Globals name as it was filed 22/02/2013 and they purchased the debt back in Nov 2011.

 

Regarding having the judgement set asside what does this entail? Obviously I am happy to setup a repayment plan but like you said they were awarded by default because I never got the documents. I'm kicking myself now because last year I received a couple of letters from Arrow Global at my new address and just binned them as I didnt recognise the name or the amount. Does being on the electoral roll at my new address at the time which they filed for judgement at my old address count as proof.

 

If the judgement is set asside what happens after that.

 

I will complete a SAR request to Virgin money and a CCA request to the solicitor. Should I reply to this email from the solicitor in the mean time and advise them of my actions etc?

 

Thanks for your help

 

B

[BRIGADIER2JCS]

Set aside is an application to have the judgement 'disallowed' by the court and would give you the opportunity to file a defence to the claim, there is a court fee of £80 for this.

Yes the ER entry prove that you could easily have been traced as ER data is on CRA files.

So it would appear that sending document to a previous address was deliberate.

[bombay121]

Hi Brigadier,

 

I've posted off a SAR to Virgin Money this morning and a CCA request to the solicitor, should I reply to the letter they sent me to advise them of my intentions?

 

If I do apply for the judgement to be set aside what sort of defence could I expect to file? Depending on what the SAR comes back with can I dispute the amount owed?

 

Many thanks

B

[BRIGADIER2JCS]

The SAR will be most helpful when drafting your defence, difficult to speculate until we have the data.

[bombay121]

Great, should I inform the solicitor of what I'm doing?

[BRIGADIER2JCS]

You can do so if you wish.

[bombay121]

Hi Brigadier,

 

The Solicitor has returned my CCA request and cheque advising that they will contact the client and provide the requested documents however they have said that I cannot make the request under CCA 1973, not sure why but anyway thats beside the point. They also wrote that as Arrow have a valid judgement against me they may still enforce it and that I should submit my repayment proposal within 7 days. My question is should I do this or request a response on the other letter I sent advising my intentions to set the judgement asside as I havent received a response nor did they reference it in their letter? I'm still waiting on my SAR from MBNA which is likely to take more than 7 days.

 

Also if/when I did submit a repayment proposal is it unreasonable to request that I pay the same amount that was agreed with MBNA when I was with the CCCA?

 

Thanks

B

[BRIGADIER2JCS]

I sense 'smoke & mirrors here, so wait for the response is my advice!