Order to attend Court for Questioning - Arrow Global

[11andyk]

Hello all, I am delighted to have stumbled across such a delightful forum and I am hoping someone will be able to help me with my situation.

 

In 2004 I took out a loan for £5k with HSBC for a family member who was down on her luck (silly I know).

The agreement was for her to pay the monthly repayments which she did for a while.

I moved from my area towards the end of 2004 and thus was unaware that the account had gone into arrears

as the family member assured me that she had been paying religiously.

 

I know I should have taken a more proactive approach in dealing with this debt but I didn’t think it would have come to this.

A few weeks ago I received a letter informing me that this debt has been transferred to my local court for enforcement,

Arrow Global is the claimant.

When I rang the court I was told that I am due to attend court on 24th September 2013 for an order for questioning.

Also a CCJ was registered against my name in November 2007.

 

I have contacted Arrow Global to see whether I could make an offer for payment, they transferred me to IND who isn’t willing to negotiate

and expect me to attend court on the 24th September to discuss my financial affairs.

 

Given that I have had no correspondence regarding this debt is there anything that I can do to avoid attending Court.

 

I have made a SAR to Arrow Global so I am just awaiting the information to see how much money was paid over the years.

The debt now stands at £5360.76

Any help will be appreciated.

[dx100uk]

sar to the oc not arrows

 

HSBC

 

dx

[dx100uk]

who got the org ccj too?

 

dx

[11andyk]

Thanks for your reply dx, I actually do not know who got the original ccj, I guess I will need to find that out. I did send SAR to Arrow Global as I was told that they possessed all the information regarding the account, given that they now own the debt. It does make sense to contact HSBC so I will certainly do that this week.

[dx100uk]

try phoning northampton bulk court and ask.

 

you could also try

www.trustonline.ork.uk.

 

but you'll need to use your address at the time it was reg'd at ithink

[Ganymede]

Did you notify the Claimant that you had moved house?

[11andyk]

No I didn't, the whole situation is such a mess I am just hoping I am able to reach an agreement with Arrow global/IND without going to court.

[brokebutnotbeatn]

you already have the CCJ - I would have thought as it's nearly 6 year's old they won't be able to collect on it. If you attend and advise that you neither knew you had it nor have been contacted about it since in spite of being on the electoral register that they'd struggle. Anyone?

[11andyk]

Just to update, I sent a letter to IND in an effort to set up a monthly payment of £200.00 to avoid going to court, but they simply said that I would still need to go to court in September.

 

As I recently started a Ltd company would I need to submit my company's bank statements as I am listed a a director or just my personal bank statements? I receive dividends and a salary through my company.

[renegadeimp]

You'd need to provide everything. Make sure that you prove to the court that you have offered repayments, but they have been completely refused.

 

Since it is an order to attend, you MUST attend. Otherwise you would be arrested.

[11andyk]

I do intend on attending court but I was just thinking as my business account is in my company's name does the court have the right to request those statements?

[unclebulgaria67]

I do intend on attending court but I was just thinking as my business account is in my company's name does the court have the right to request those statements?

 

They may be able to, if you are a sole trader and they want to see what money is being paid into the account.

[Mike_hawk]

Hello all, I am delighted to have stumbled across such a delightful forum and I am hoping someone will be able to help me with my situation.

 

In 2004 I took out a loan for £5k with HSBC for a family member who was down on her luck (silly I know).

The agreement was for her to pay the monthly repayments which she did for a while.

I moved from my area towards the end of 2004 and thus was unaware that the account had gone into arrears

as the family member assured me that she had been paying religiously.

 

I know I should have taken a more proactive approach in dealing with this debt but I didn’t think it would have come to this.

A few weeks ago I received a letter informing me that this debt has been transferred to my local court for enforcement,

Arrow Global is the claimant.

When I rang the court I was told that I am due to attend court on 24th September 2013 for an order for questioning.

Also a CCJ was registered against my name in November 2007.

 

I have contacted Arrow Global to see whether I could make an offer for payment, they transferred me to IND who isn’t willing to negotiate

and expect me to attend court on the 24th September to discuss my financial affairs.

 

Given that I have had no correspondence regarding this debt is there anything that I can do to avoid attending Court.

 

I have made a SAR to Arrow Global so I am just awaiting the information to see how much money was paid over the years.

The debt now stands at £5360.76

Any help will be appreciated.

 

The courts only interest is in the income/expenditure of the debtor. If the Ltd co was not party to the judgment it cannot provide relief to the creditor to examine its accounts. I assume you are drawing paye? Try googling ex140 it should assist with understanding how the court collates the data

 

Remember to request costs for attending (CPR 71.4) if within 7 days of service.

 

£200.00 a month on circa 5k... seems a little crass of it to reject a sensible payment schedule.