Backdoor Arrow CCJ - old MBNA card DEbt

[AndyOrch]

In the ......... County Court

Claim No. ...

Before

District Judge CCBC

Dated ……… 2017

Claimant A

and

Defendant B

Draft/ORDER

IT IS ORDERED THAT:

1.The Judgment dated xxxxxx be set a side pursuant to CPR 13.3 (a) and (b)

2.The Defendants application be transferred to home court to be processed.

3. Costs in making this application

In Box 3 type.....

The defendant respectfully requests that the judgment dated xxxxxxx be set a side pursuant to CPR 13.3 (a & b) on the basis of none receipt and also the amount claimed on the (insert claim form date) was already Statute Barred pursuant to the provisions of section 5 of the Limitation Act 1980 and also CONC 7.15.4

Tick yes to Draft Order on the N244 at point 4.

Regards

Andy

[dx100uk]

open

 

hardly worth it now 4yrs later?

the CCJ will fall off in 12mts.

 

have you been paying anything or has it just all been quiet from arrows?

[HateBanks]

I have not been paying. 

I cannot remember the last correspondence.

I have moved address.

The court set aside a N61 ?  Bailiffs order and a District Judge wrote saying I am a "vulnerable person".

I have had intermitent employment, currently unemployed.

I would like to have the judgement set aside and it would help my employment prospects in some sectors. 

I did not know that ccjs dissapear after 5 years. 

I won't bother you again if you believe I should leave it .

[dx100uk]

So youve moved since you were last here in 2017?

Why dont you re read your thread then it will revive your memory.

 

ccj's fall off credit files on their 6th b'day paid or not paying or not.

 

so when was this bailiff action please and youve moved since that happened? You went to court and spoke with a judge? How?

 

Dx

[HateBanks]

Yes - So youve moved since you were last here in 2017?

Thank you for this advice - I am trying  - Why dont you re read your thread then it will revive your memory.

 

thank you - ccj's fall off credit files on their 6th b'day paid or not paying or not.

 

It was last year , I emailed the court and received a letter advising that the bailiff action and an application for attachement of earnings had been cancelled  - so when was this bailiff action please and youve moved since that happened?  You went to court and spoke with a judge? How?

[dx100uk]

Pers i would go radio silent.

theyve tried everything. They cant get blood out of aa stone, so unless you get them back at your door or a letter from a court ignore them

 

good luck. Almost home

[HateBanks]

Ok, thank you very much.

I just want to end it officially because of having to stop a bailiff visit /action.

I assume change of address , which is on credit report, will trigger another cycle of action  unless I do.

[dx100uk]

just to be clear

this AOE happen whilst at your current address or you've moved again since and neither the court nor Arrows know this in writing from you?

[HateBanks]

Thanks.

No the notice of action , bailiff, attachment of earnings and my subsequent email to , and reply from court,  with the district judge "vulnerable person" comment, was at previous address.   Since when , moved twice, most recent now appearing on bank,medical  and Credit Report since July.   I have told the Court,by  email,  that I  have moved, but  not the new address (i dont own ), they said ( by email ) put new  address on n244. 

No direct contact with Arrow or agents . 

Edited August 24, 2021 by HateBanks
clarity

[dx100uk]

ok well there little anyone can do to you

you don't own any assets 

so thats why they tried AEO

the judge blew that away.

 

pers i'd simply, now, and in the future, write to the court and arrows simply stating your new address each time.

 

after sept next year, if you continue to do that....thats your call.

 

i'm pretty sure this will die a death now.

 

dx

 

[HateBanks]

Thank you.

So I let both Court AND Arrow know address ? and try (and get the n244 done - I know it seems simple , but I need help and hope helpthroughcourt are going to literally talk me thru it on phone and while I complete and submitt on line if so  )

Can i clarity this plese ?  - after sept next year, if you continue to do that....thats your call.

[dx100uk]

no forget the N244 it should be done immediately after judgement ...not 4yrs later.. 

and i made a mistook, it's not sept 22 its sept 23 the CCJ reaches 6yrs and falls off 

the sad thing about all this is had you comeback here when you got the AEO you could have also replied to the judge adding the issue telling him the debt was already statute barred upon issuance of the claimform and the resultant default judgement and thus this AEO ,that would have been a free go at getting it dismissed totally.......

[HateBanks]

Thank you.

The court are still telling me to submit form , with new address . 
I am living in a different part of country so maybe they will transfer . 
i understand it’s a shame I didn’t come back here. Decision making and consistent ability to deal with things are problematic. 

[dx100uk]

i am surprised they are advising to submit an N244 4yrs after judgement.

who exactly at the COURT is advising you do this please?

 

[HateBanks]

Thank you for your help,

Copy below from Nov 2020 email

 County, Enquiries <[email protected]>
To:xxxxxxx' <>
Sent: Thu, 19 Nov 2020 15:02
Subject: RE: Fwd: Case Number: DXXXXXXD Arrow Global Guernsey Limited v XXXXXXXXXX

Dear M XXXXX,

 Further to your emails to the Court regarding this case I would inform you the Attachment of Earnings application has been dismissed.

It is noted that you paid an application fee to the County Court Business Centre to set aside the judgment but there is no record of your N244 application being received.

Therefore, I have attached a copy of the blank application form and the guidance notes for you to complete so that the application can be processed.

If you submitted the application to CCBC by email when the payment was made and you still have the email on your system you can resubmit it to XXXXXX  to be processed.

Court staff are not legally trained and are unable to provide legal advice but should you wish help/guidance in completing the form your local Citizen’s Advice Bureau will be able to assist you.

 Yours sincerely,

XXXXX

XXXXX

Civil Section

----------------------------------------------------------------------------------------------------------------------------------------------------------

XXXX County Court, Enquiries ([email protected])To:you Details Mon, 23 Aug 2021

Dear M XXXXX,

 I am unable to provide a copy of the receipt as your application to set aside the Judgment fee was paid to the County Court Business Centre on 04.12.17 although no application was logged as being received.

Unfortunately the Court cannot progress the matter until the N244 application is received.

Yours sincerely,

XXXX same as Nov 2020

XXXX

Civil Section

 

 

[dx100uk]

Ok well youve paid, but if its the way to now go now, some +4yrs later is another matter. I believe you can get that refunded but see what @Andyorch thinks is best.

 

D x

[HateBanks]

Thank you very much, greatly appreciated.

[AndyOrch]

Ask for a refund.

[HateBanks]

 

No point trying then ?

Thank you.

[AndyOrch]

If your not concerned with getting the application fee back and its already been paid for I suppose you have nothing to lose but consider the main point point in making a successful application.....it must be made promptly  and you must have a real prospect of successfully defending the claim.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

[dx100uk]

Well surely as there appears to be written proof the debt was already sb by claimform issuance, the 2nd part is sorted...

[AndyOrch]

Yes just the " promptly " bit to get around 

[HateBanks]

I can only try and explain the delay. I can't make it "prompt".

I have discovered a quote from MBNA to Noddle when I tried to remove their statement of default ? , that says in terms  " no payment since 2009, we do not accept it's in dispute " . They then went on to assign it to Arrow Global and it progressed as described.

Thank you for your help. I assume AG wil have an system - remindera and it will re apply to the Court at some point before 2023  unless I can have it set aside, which is why I'm using this respite period to try and head off .

[AndyOrch]

Quote

 I assume AG wil have an system - remindera and it will re apply to the Court at some point before 2023

 

 

Apply for what ?  Can only show on your credit file for 6 years once. Like I have stated you have nothing to lose by submitting the application.

[HateBanks]

apply for bailiff action AOE or debt collection activity if I have employment again.

 

I'l try one more time and stop bothering you - thank you all very much for  your help .