Arrows CCJ on MBNA card debt - help to vary/setaside?

[mustard7]

Hi, I am writing this on behalf of a friend and wondered if anyone could offer any advice.

 

 

I myself was in a debt spiral a few years ago, but slowly and surely I have come out the other side.

 

 

However, despite amassing lots of information I am unable to advise him on this situation.

 

 

he has been issued with a CCJ and does not know the best way forward from here.

He is petrified someone will turn up at the door and take goods.

He has zero money to pay off the debt, but could organise a small monthly sum to pay off over a number of years.

 

 

I will copy in his text below,

but if anyone needs more info I will ask and reply asap.

 

 

Thanks Amount:

£2413.35

CCJ date:12/2/16

Original bank: MBNA

Current creditor: Arrow Global Guernsey Limited

Advice from court: complete app to have judgment set aside for 155 pounds.

 

 

Advice from National debtline: complete N245, vary judgment form for 55 pounds.

 

 

Not over 6 years and pretty sure I owe the money.

 

 

Need to do something ASAP to stop the threat of a warrent.

[dx100uk]

so arrows got a backdoor CCJ for an old MBNA card

 

 

was he aware that they were doing this

or did he get no paperwork prior to this?

has he moved and it was done against an old address?

 

 

all very well getting it set aside

but will still need a valid defence

[mustard7]

Hi, Thanks for the reply. He was unaware that this process was happening, however this does not mean he didn't get the paperwork as he told me he rarely opens them. So it could be that it was sent and never opened. He has lived at the same address for well over 10 years.

[theoldrouge]

if he got the paperwork but ignored it, the only course open would be to apply to vary the amount payable

to an affordable monthly payment

[mustard7]

Which is an option he would like to take..

 

 

. how would he go about this?

 

 

Is there any mileage with seeing if arrow global have the correct paperwork?

 

 

CCA agreement etc?

 

 

Or is that too late now it has gone down the CCJ route?

[theoldrouge]

the ccj becomes the agreement, so too late now

 

to vary payment use form N245

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=486

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[martin2006]

If his income is low, as in receiving income support or similar then along with the N245 he could also fill in a EX160 which could exempt him from court fees.