Arrow Global CCJ and a joint debt from Citi financial - OH's side

[divadeb]

Hiya,

 

I already have a thread on here regarding Restons and Arrow Global and a debt from Citi financial,

but want some advice which I can give to my ex hubby.

 

The account in question was joint and we both got a court claim sent.

 

I defended mine online on MCOL but when my ex tried to do his

he for some reason could not get on so he sent his through the post recorded delivery.

 

It was signed for the next day by the courts.

 

I sent my defence online but my ex forgot to post his off before the deadline

so he sent an email to the courts with his defence attached and then the next day sent it in the post.

 

I have had three letters from the court, but my ex never got any

which made me think there might be a problem.

 

Today he got a letter with a judgement against him, and by the looks of it,

it looks like they have never heard anything from my ex

and they went ahead with the judgement anyway.

 

Is there anything he can do other than pay £150 to have it set aside

and another court hearing.

 

Can he complain ???

Any help would be great thanks.

[citizenB]

Did he check the RM website to confirm if the defence was received and signed for ?

[divadeb]

To be honest the first letter he sent was recorded delivery but I think he just put his defence in the normal post as he had emailed them the night before with his defence.

[citizenB]

Ah righto. I will flag your question for the guys with the legal hat

[divadeb]

That would be much appreciated citizenB......... I have read the court letter and it say he is ordered to pay £104 per month to Restons/Arrow, they must be well pleased gggrrrrrrr,

[citizenB]

Righto, well I spoke to one of the senior moderators ... .

 

It is assumed that the relationship with your ex is civil and therefore you are concerned for him. If he acknowledged service and can prove a defence was submitted, then there could be a slim chance of getting a set aside.. depending on how he presents his application.

 

 

As for the fee, he can either talk nicely to CCBC and plead innocent/ignorance, but it is almost certain they will want the application fee of £155.00 unless he is exempt.

 

He could always make an application to vary the instalment to a more affordable amount - he would have to produce an income and expenditure form.

[Lokur]

If he acknowledged, but didn't submit a defense, he should be able to get it set aside as the default judgement is deemed irregular.

[divadeb]

So were does he go from here? Who does he need to contact and speak to ? Thanks for all your help

[mjt2014]

If he acknowledged, but didn't submit a defense, he should be able to get it set aside as the default judgement is deemed irregular.

 

Unfortunately that's not correct. An acknowledgment of service merely extends the time for filing a defence, if one still isn't submitted in time then the Claimant is entitled to seek a default judgment which, barring other deficiencies, will he regular.

[Lokur]

Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

The defendant has filed an acknowledgement of service or a defence;

The time for filing the acknowledgement or defence has not yet expired;

The defendant has made an application to strike out the claim or for summary judgment;

The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

 

I bolded the relevant entry, hence why I think the judgement will be irregular as he acknowledged and chose to defend all, the key word there is OR.

 

I might be wrong, but maybe somene more knowledgeable than me like Andyorch can confirm?

[mjt2014]

An extract from CPR Part 12:

 

(2) Judgment in default of defence may be obtained only –

(a) where an acknowledgement of service has been filed but a defence has not been filed;

(b) in a counterclaim made under rule 20.4, where a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.

 

This also corresponds with common sense of course because were it otherwise a Defendant could just file an acknowledgment of service, never bother with a defence and then have the judgment set aside as of right; which would be absurd.

[Lokur]

It's not absurd at all, there are many reasons someone might be unable to file a defense on time.

 

However nothing in that excerpt states that the judgement is irregular or regular?

[mjt2014]

You're forgetting that there remains the option to have a regular judgment set aside, it's simply a matter of discretion rather than a right so if the Defendant had a good reason for missing the deadline then, assuming they have a defence with merit, the judgment may still be set aside.

 

The extract I produced shows that once the time for filing a defence has expired the Claimant is entitled to seek a default judgment and therefore any such judgment can not be irregular.

[divadeb]

I'm completely lost now and don't know what advice to give the ex lol ....... I would just like to know who he contacts as he doesn't want to leave it any longer ..... Do we email the court, ring the court or send a letter?? Thanks peeps.

[mjt2014]

If you do want to have the judgment set aside then send a completed Form N244 to the court. If you want to speak to the creditor about a payment arrangement then write a letter to them.

[Lokur]

I think you should ignore the poster giving different advice on this one, as I have a feeling he's working on a different agenda than me....I have a vague feeling he might be a debt collector or similar wanting to stir up trouble.

 

Andyorch or someone much more experienced in these matters than me could help you better though.

 

-Loke

[Ganymede]

I think you should ignore the poster giving different advice on this one, as I have a feeling he's working on a different agenda than me....I have a vague feeling he might be a debt collector or similar wanting to stir up trouble.

 

Andyorch or someone much more experienced in these matters than me could help you better though.

 

-Loke

 

mjt has been around for a while and don't think he worls for a debt collection company.

 

Not sure why he has re-registered with a new account though. Odd.

[Ganymede]

Edit: Sorry, off topic.

[divadeb]

Bump...... Anymore help please

[citizenB]

Righto, well I spoke to one of the senior moderators ... .

 

It is assumed that the relationship with your ex is civil and therefore you are concerned for him. If he acknowledged service and can prove a defence was submitted, then there could be a slim chance of getting a set aside.. depending on how he presents his application.

 

 

As for the fee, he can either talk nicely to CCBC and plead innocent/ignorance, but it is almost certain they will want the application fee of £155.00 unless he is exempt.

 

He could always make an application to vary the instalment to a more affordable amount - he would have to produce an income and expenditure form.

 

divadeb - as advised you need to make an application to the court. The very fact that ex didn't send the defence with at the very least a free proof of posting has kind of hobbled him a bit.

 

The only other advice is to apply to the court to vary the amount he has been asked to pay each month - as this is a joint debt - is there any chance you can afford to contribute ?

 

Really not sure what other advice we can give.

[divadeb]

He did a defence by email before the deadline and sent one in the post a day late, they must have got the email on time. I wonder if he could ring the court to talk to someone about the email? Would Andyorch be able to help with advice as he is a wise as you, thanks again CB.

[Ganymede]

He did a defence by email before the deadline and sent one in the post a day late, they must have got the email on time. I wonder if he could ring the court to talk to someone about the email? Would Andyorch be able to help with advice as he is a wise as you, thanks again CB.

So what date was he Defence due in and what date was the e-mail sent to Court?

[divadeb]

Hi Ganymede, he sent his defence by email between 9-10.30pm and he had till 12 midnight on the 10th August to submit.He also sent his defence by post on the Monday( which he knows was late) but he lived in hope that the email would be ok. Thanks in advance.

Edited August 23, 2014 by divadeb
Forgot date

[Ganymede]

E-mail should suffice if it was in on time so this would be his reason to set aside.

 

Just to make sure though could you please confirm the date of issue on the Claim Form and the date the e-mail was sent please.

[divadeb]

Date of issue was 9th July 2014. He sent acknowledgment to court on 16/07/2014 and it was signed for on the 17/07/2014. He forgot to post his defence as he was working away( he's a lorry driver) so he went on the court website and clicked on the email address and sent it on Sunday 10th August before the midnight deadline. I submitted mine at 8pm on the MCOL website and it was accepted. Thanks for the help.