Arrow Global CCJ set aside failed

[Dex15]

Hi, looking for some help...

 

we had a CCJ last year from Arrow Global via Restons Sol.

We applied to set aside the application however we have been refused!

We need to have to CCJ cleared.

Reluctantly we are looking to offer a full and final settlement,

however before any payment is offered I have the following queries :

 

Do we need to request Arrow Global to provide proof that they have ownership of the debt.

We have never received any letters in the past from AG nor we have never made any payment, as we no idea what the claim is for.

 

Also, if the full and final payment is made, will the credit file get marked as satisfied and not partially paid ?

[Sidewinder]

On what grounds did you apply to have the Judgment set aside?

To get the set aside you would have needed to show that you had good reason to apply

- for example - and that had you known about the claim you would have had a good chance of successfully defending it.

Did you not receive the claim form?

Did you genuinely not know what the claim was for or who the original creditor was?

 

After 28 days the Judgment goes on record and will generally then stay there for six years

- a F&F settlement would show the Judgment as 'satisfied' or 'part satisfied'

(that would be part of the negotiation with the creditor),

but the Judgment will still show on your file.

The set aside would have been your best and probably only option in the absence of a defence to the claim.

[legalistic]

Dex15, a refusal to set aside can be appealed. However it would be pointless without very good grounds.

Permission to appeal is needed and that normally only costs the court fee (unless one receives a concession).

[Dex15]

Our case was refused because we applied to have the CCJ set aside too late.

We had a good defence in that

a) the claim is statute barred and

b) we never in receipt of the claim form,

hence we were issued a default judgement!

 

 

The option to appeal is not something we have considered as its time consuming

and plus don't want to incur any more costs,

we just want to get this whole saga resolved.

 

 

When we found out about the judgement

we did not know at the time that you can apply to have set a side!!

[AndyOrch]

What date was the judgment.....what date did you make application to set a side?

 

Regards

 

Andy

[BazzaS]

What date was the judgment.....what date did you make application to set a side?

 

Regards

 

Andy

 

I'd add to Andy's (relevant) questions: also, when did you first become aware of the CCJ?

[Dex15]

Hi

The default judgement was made in May 2014 this was when I became aware of it,

however i filled the application March this year.

 

 

I did not know at the time that you can apply to have it set aside.

 

 

When I did look into it, I found inconstantances of the DCA claiming

they sent me various letters before court action which I did not receive.

All of this was put in my defence statement.

[AndyOrch]

And you stated in the the defence that the debt was statute barred at the time the claim was served?

[Ganymede]

Hi

The default judgement was made in May 2014 this was when I became aware of it, however i filled the application March this year. I did not know at the time that you can apply to have it set aside. When I did look into it, I found inconstantances of the DCA claiming they sent me various letters before court action which I did not receive. All of this was put in my defence statement.

 

Are you 100% sure it is statute barred?

What was the exact date of the last payment and date of issue on the Claim Form?

 

Also,

why did you not receive the Claim Form?

Did you move house and not tell your creditor?

[Dex15]

Hi

The claim was for a credit card outstanding balance from 2004, of which was sold to AG in 2010.

No liability of the claim and no payments have been made.

 

With regard to the claim form,

well this is what I find surprising is that the DCA provided me with copies which they claim they sent to me

however I have never been receipt of them .

 

 

The claim form was apparently served to me at my current address?

Again I was never at all in receipt of any DCA letters or the claim form.

 

 

Had I received the claim form I would have defended the claim.

I put all of this in my defence statement .

[AndyOrch]

And you stated in the the defence that the debt was statute barred at the time the claim was served?

 

Did you?

[Ganymede]

Hi

The claim was for a credit card outstanding balance from 2004, of which was sold to AG in 2010. No liability of the claim and no payments have been made.

With regard to the claim form, well this is what I find surprising is that the DCA provided me with copies which they claim they sent to me however I have never been receipt of them . The claim form was apparently served to me at my current address? Again I was never at all in receipt of any DCA letters or the claim form. Had I received the claim form I would have defended the claim. I put all of this in my defence statement .

 

So you took out the credit card in 2004 and you never made a single payment towards the balance??!

 

The Court would have served you with the Claim Form, not the Claimant.

[Dex15]

When I received the default judgement I had no idea what the claim was for.

When I made some enquiries with the DCA it was then I was informed that the claim was for a credit card account.

 

 

Had I received the original claim form I would have defended any court action

as I have no idea what the credit card account is for,

I didn't have the chance to get any proof of the details, debt, deed of assignment from the DCA.

 

 

From what it appears is that the DCA knew the claim was statute barred when they went for court action,

which explains why I did not receive any letters from the DCA solicitor

advising me if their intentions to take out the judgment even though they claim they did,

they provided me with letters which they claim they sent to me but I can state I did not.

 

The main issue we is the credit files ,

we just would like this resolved and have the judgment taken off,

will a full and final settlement allow this?

[SabreSheep]

" we just would like this resolved and have the judgment taken off, will a Full and final settlement allow this?"

 

No it will not allow that to happen.

Once a CCJ is registered, after 30 days, its stuck there for 6 years. Not even the Creditor can remove it!!!!

 

Only way would to have it set aside.

 

Now please answer ANDY's Question in #8 and #11

[Dex15]

Ok, can the file be updated as satisfied if any f&f payment is made?

 

Andy,

when we filled the N244 form our inital argument was that we did not receive the claim form. When I drafted the witness statement, it was then that we stated we would defend on statute barred debt and non receipt if claim form.

[AndyOrch]

Was your application to set a side refused or did it actually get to a hearing...then dismissed?

[Dex15]

Hi sorry, yes we did get to the hearing stage, which got dismissed on day of the hearing, judge stated application was filed too late and we would have to settle the claimants costs!

[Ganymede]

Hi sorry, yes we did get to the hearing stage, which got dismissed on day of the hearing, judge stated application was filed too late and we would have to settle the claimants costs!

 

Did you ask for permission to appeal?

[AndyOrch]

Hi

The default judgement was made in May 2014 this was when I became aware of it, however i filled the application March this year 2015. I did not know at the time that you can apply to have it set aside. When I did look into it, I found inconstantances of the DCA claiming they sent me various letters before court action which I did not receive. All of this was put in my defence statement.

 

Mmm 11 months....all applications must be made promptly...but I would have thought he would of allowed leniency considering the debt was already Statute Barred.Sometimes it pays to work backwards and get the consent of the claimant to set a side first....then the court must allow it.

[Dex15]

The decision to appeal is not something we have considered, i didn't know you could and the judge didn't mention this. I just feel that we have been pushed in s corner with all this, the witness statement outlined everything and even that was dismissed and we have incurred costs on top.

 

Regarding the F&F payment, I have no proof that AG have ownership of the debt, therefore before any payment is offered do I need AG to provide proof ? And if they can't wouldn't that raise the question of whether the judgement was issued lawfully ?

[Ganymede]

The judgment is now the proof. Pay who is named.

 

You're out of time to appeal now.

[panther12]

Afraid the time to dispute all this was at the time of claim or when you first realised the judgment. It hasn't helped by knowing about it since May 14 as courts have have clamped down hard on this.

[legalistic]

Dex15. You say it's the credit files you are most concerned about. I suggest you visit the website of one or other of the credit reference agencies and take a look at their FAQs. They'll almost certainly answer your question.