Arrow Global - got summons for wrong name - help??

[vulga]

OK, so this morning I got served with a court summons. Well, I say me, but the name on the court order is "close". For a debt of nearly £2k taken out at this address on 3rd April 2008.

 

1) I didn't move in here until Feb 2009

2) That isn't my name on the "official document"

 

Where do I stand? My name is James but everyone knows me as Jim, which is the name on the court summons. In fact, I was homeless in April 2008. I genuinely have no idea what this debt is for.

[renegadeimp]

Is it to you personally or to the address

[vulga]

It is to my address, but maybe I'm just nit picking about the name. It isn't my name and have had problems in the past about the James / Jim thing that systems can't comprehend. Got delivered this morning by some guy who just asked who I was and handed me this summons.

I mean, I'd be in contempt of court if they ask me "Are you Jim P****" and I say "Yes". I've also looked at my online credit score through creditexpert this morning and Arrow have not made a single entry.

[renegadeimp]

Ok. Ive flagged your thread for admin advice

[vulga]

Thanks, renegadeimp

[renegadeimp]

Im thinking it was issued to the previous occupier but the similar name is concerning

[vulga]

The previous occupant's name is completely different to mine, so this is just worrying.

For the first year I lived here I kept getting debt colectors and letters for him. Obviously I sent the letters back and when I actually got a visit from the debt collectors, I just showed them my ID and one by one they left me alone. To be fair the debt collectors were very professional and apologectic when I proved who I was and that I live alone.

[citizenB]

Is this a Statutory Demand ?

[vulga]

It just says "Order to attend court for questioning" and says further down that "You must obey this order. If you do not, you may be sent to prison for contempt of court"

 

Really appreciate any help here.

[citizenB]

Oh right. So there has been no other court documents ?

 

You MUST attend on the date given - but you might want to telephone the court first thing Monday morning and ask if they have any paperwork relating to this as you have absolutely no idea why you are being ordered to attend. If they do, then you must ask them for copies.

 

Meanwhile I have asked others on the Site team to pop in and see if they can help you.

 

When do you have to attend the court ?

[citizenB]

Do you have paperwork that confirms the date you moved into your home?

[vulga]

I've received no other documents. This document is dated 18th June 2013, although the date of the court hearing is the 6th August:

 

ON 18th June 2013 the court considered the application of the claimaint ('the jedgement creditor') which shows that: a judgement or oder given on 3 April 2008 by the Northampton (CCBC) Count Court in claim XXXXXX, ordered Jim P*** ('the judgement debtor') to pay money to the judgement creditor, and the the amount now owing under the judgement or oder is £1,909.06

 

AND THE COURT ORDERS that

 

1. Mr Jim P*** the judgement debtor attend at *address of court* on 6 August 2013 before a court officer at *time* to provide information about the judgement debtor's means and and other information needed to enforce the judgement or order.

 

2. The judgement debtor at that time and place produce at court all documents in the judgement debtor's control which relate to the judgement debtor's means of paying the amount due under the judgement or order and which relate to those matters mentioned in paragraph 1. The documents produced must include those attached to the list.

 

3. The judgement debtor at that time and place answer on oath, all the questions which the court asks and which the court allows the judgement creditor to ask.

 

4. The court where the questioning is to take place may make an order for payment of the costs of the application and the hearing.

 

*name and address*

YOU MUST OBEY THIS ORDER. IF YOU DO NOT, YOU MAY BE SENT TO PRISON FOR CONTEMPT OF COURT

 

AMOUNT OWING

 

The application shows that the amount owing under judgement or order (including any costs and interest) is £1909.06

The judgement creditor has paid a court fee of £50.00

Total £1959.06

 

If the total amount owing is paid (together with any further interest falling due), the judgement creditor may agree that the questioning need not take place (but may ask for an order for court costs)

 

******

 

This is what was delivered to me by hand earlier today and stamped by the court. I've also had a couple of people sniffing around my flat and my neighbour also got a card from someone called APS (blue cards) asking if I lived there only a couple of days ago. Are they affiliated? I'm certainly not expecting any deliveries of anything.

[AndyOrch]

Vulga

 

If you look at the bottom of the order there will be a court reference stationary number....Nxxx if you could confirm this.

 

Regards

 

Andy

[vulga]

Only just seen this, but the reference is N39

[AndyOrch]

Righty oh this one ? :- http://wbus.westlaw.co.uk/forms/pdf/cpf02120.pdf

 

Is there a clear 14 days from receipt before the hearing date? When you receive the ’Order to attend court for questioning’ (form N39) from the court it must be served i on the person ordered to attend personally, at least 14 days before the hearing.

 

You can ask to be paid a sufficient sum to cover their travelling expenses (formerly called ‘conduct money’) to and from the court. Such a request should be within 7 days of service of the order.

 

Affidavit of service

 

The Claimant must wait at least 7 working days after service of the N39, to give sufficient time for a request to be made for travelling expenses, before swearing an affidavit of service (form EX550)

 

giving details of how and when the order was served

stating either that the person ordered to attend court has not requested payment of their travelling expenses or that the judgment creditor, that is HMRC, has paid travelling expenses in line with such a request

stating how much of the judgment debt remains unpaid.

The Claimant must then either file the affidavit at least 2 days before the hearing (in order that the court have enough time to link it with their papers), or produce it at the hearing.

 

 

Regards

 

Andy

[vulga]

Thanks Andy, that is exactly the form I received earlier.

 

I've got just over 14 clear days before the court date, so they've certainly delivered it in time.

 

Although the man that delivered it to me didn't stick around for any questions,

so I have no idea who he was or where he was from.

 

I'm assuming her was a court courier.

 

He also managed to gain access (I live in a block of flats) via someone else letting him in and not using the entry system.

 

I was woken at 9am this morning by banging on my door rather than the entry buzzer being pressed

(which is deafening, so I certainly would have heard that!)

 

I live very close to the court so travel expenses won't be required,

however I'm more concerned about the fact that they don't have my name correctly on the form.

 

I also appreciate that Jim / James are very much interchangeable but I don't have any debts under the name Jim

as I always use my actual name of James.

Quite possibly why it doesn't appear on my credit report as seen earlier.

 

Aside from that,

as I understand that Arrow are simply a debt collection agency,

they have not supplied me with details as to who the original debt belongs to.

 

As mentioned earlier in this thread, I was actually homeless (seriously, sleeping on the street isn't fun)

at the time the original debt was "taken out" so there should be little doubt as to my responsibility of this debt.

 

However, I'm now self employed as a Door Supervisor (bouncer)

and don't have more than 8 months worth of self employed account details as I only set up in November '12.

 

They require more accounts than that, which I simply don't have as I was unemployed before then.

 

If I get form EX550 and give it to the court before the date, would it help?

 

PS sorry for the terrible spelling

[AndyOrch]

Ok well assuming you have no knowledge of this debt or judgment then first port of call is to make an application using the N244 to request the judgment be set a side.You can download the form and complete including a small synopsis of the reason why you have made the application.

There is a fee With an hearing its £80 without £45...it depends on the claimants reaction to application whether it would require an hearing if they wished to object and represent Arrow.

 

I will go through the application with you if you are unsure...you must ask for costs of the application within the application.

 

Get that away asap so its in the system in time for the N39 hearing we can also request within said application that the hearing be adjourned in consideration.

 

 

Ok for now?

 

Andy

 

PS dont bother with the EX550 that is for the claimant not you.

[citizenB]

Arrow Global are a debt purchasing company, vulga.

 

They would have purchased the account from the original creditor (whoever that might be) ?