Arrow Global/Restons Sols unaware CCJs

[NDLOVINI1]

Hello and thanks for the good work.

 

I have two CCJs issued against me in October 2016.

 

I owed debts to Arrow Global who subsequently got Restons Solicitors on board.

The latter managed to get CCJs and have applied for a Charging order on my property.

 

I received threats and abuse from Restons so gave up talking to them.

Then I was contacted by Land registry saying a Charging order application had been received..

 

I read a few forums and then checked Trust on line only to find I did indeed have two CCJs .

Restons managed to get the court to issue CCJs without my knowledge .

 

They were awarded three times the original debts.

I have asked the court for copies of the claim and judgment but got no response.

 

Restons got CCJs issued by the court against me.

The court never contacted me.

Anyone had a similar experience ?

[Old Cogger]

get a set aside cost you £255, as you never received correspondence - no doubt you have moved from address they used, more info would be use ful, sure Andyorch will comment

[AndyOrch]

Hi NDLOVINI1 and Welcome to CAG

 

I have started your own thread here in the Financial Legal Issues...please continue to post here.

 

Regards

 

Andy

[NDLOVINI1]

Hello and thank you very much.

I have read many threads on line and have concluded that the set aside does not apply.

Why, because I have lived in this address for close to 15 years and never moved.

 

I have no proof that I never received correspondence regarding ( the claim forms and judgment forms).

 

Many, suggest that the only acceptable reason should be a legal one

eg the debt is not mine and I can prove it or that the debt is mine but has already been paid in full.

 

I have read somewhere and noted with horror that 'either the creditor or the court can be tasked with serving the debtor with court claim forms'.

If that is so, then I am sure Restons deliberately ensured I didn't get the forms in order to get a judgment favourable to them.

If I had the knowledge that they were planning such a move

I would have stopped them on their tracks by challenging them,

(agreeing to part of the claim £1200 not the £3200, they claimed and was awarded).

 

How did they convince the court that the best and most effective way of dealing with me was by issuing default ccjs ( forthwith) not bothering to inform me.

[dx100uk]

ok we need to gather some details.

well you do.

 

you need to ring northants bulk court

[but they are currently closed till the new year.]

and request copies of both CCJ

you'll need to quote the numbers too

 

well need to know about the 2 debts too please

 

as you might well have a good reason already to set aside the CCJ's as you say you've not moved in 15yrs

so that's the first hurdle done.

but

you'll need a viable defence for the actual debts mind.

 

so tell us all you know about the debts.

[NDLOVINI1]

Thanks dx100uk

 

I have tried to contact Northants court but their phones are perpetually engaged.

 

 

I have emailed them a record 5 times and have written them but all was in vain.

I always put the case numbers as they appear on Trust on line.

 

 

The Set aside route is too expensive and much less productive.

Chances of winning are very slim.

How do I convince the judge that I never received claim forms?

 

I have applied for a variation via form N245 requesting the court to allow me to pay affordable amounts not the £3269 claimed and awarded to Restons solicitors (forthwith).

 

Now Restons are threatening further enforcement even though they have made a Charging order on my property.

[dx100uk]

northants are closed until the new year

restons will threaten everything under the sun

they always do

esp on debts that they know if you scratch the surface

they don't hold water legally.

 

 

let them willy wave

you don't have to convince the judge

they do.

 

 

tell us about the debts

do you know their history please

what they are

who from

[AndyOrch]

" I have applied for a variation via form N245 requesting the court to allow me to pay affordable amounts not the £3269 claimed and awarded to Restons solicitors (forthwith) "

 

The N245 only allows a change from forthwith to monthly affordable payment...it does not change the judgment amount so you will still be paying £3269...albeit very slowly

 

Andy

[NDLOVINI1]

Thanks Andy

My approach might not be the most sensible but may surely prove to be the less stressful.

 

Restons managed somehow to get the court to issue me with ccjs.

As far as the court is concerned, I was ordered to pay £3369 on 05/10/16. which I didn't, so ten days later Restons went back to the court and applied for a Charging order on my house.

 

It is only now I have knowledge of the ccjs.

I owe a third of the amount but will have to pay what the court has ordered.

 

I have done much research on the N244, set aside its too expensive and much less likely to succeed.

 

The argument Restons are using, is that I have disobeyed a court order.

In the eyes of the court, that is true.

 

The fact that I only became aware of what was happening, on 20/12/16 when Land Registry informed me of a Charging order is not a strong enough argument.

 

I have offered £100 a month but Restons will have none of it.

They want the full amount as ordered by default.

£100 is not affordable but I have to be serious as this is now part of my mortgage payments.

[AndyOrch]

You did get notification of the Interim Order by Land Registry ?...was you aware that they they were executing the judgements further?

[NDLOVINI1]

northants are closed until the new year

restons will threaten everything under the sun

they always do

esp on debts that they know if you scratch the surface

they don't hold water legally.

 

let them willy wave

you don't have to convince the judge

they do.

 

tell us about the debts

do you know their history please

what they are

who from

 

Restons are a tough bunch.

They managed to find that I had a mortgage, hence property.

They want payment in full as initially ordered by the court.

 

The debts were £255 owed to Vanquis which has astronomically been raised to £960 by Restons.

 

The other was £700 owed to Sainsbury card, now £2269

 

I lost my job in 2011 and sussequently stopped all credit card, loans etc

 

These debts now belong to Arrow Global, who have since unleashed their blood hounds, RESTONS.

 

They got ccjs issued without my involvement

( how, I just can't figure out ).

 

Knowing that I was not aware,

moved foward and made a Charging order application, securing the debt on my house. They are making threats about further enforcement action.

 

You did get notification of the Interim Order by Land Registry ?...was you aware that they they were executing the judgements further?

 

yes I got notification from Land Registry.

 

Neither Restons nor the court felt the need to keep me informed.

 

Everything was clandestinely done

Strange I should say!

 

Next stage,

since they are threatening further enforcement,

two or more routes to take.

 

Either go for a final Charging order and force me to sell or just get the bailiffs in and turn everything upside down.

 

Restons have written to me stating that as I am in breach of a court order, they are considering further enforcement action.

[Ganymede]

yes I got notification from Land Registry.

Neither Restons nor the court felt the need to keep me informed.

Everything was clandestinely done

Strange I should say!

Next stage, since they are threatening further enforcement, two or more routes to take.

Either go for a final Charging order and force me to sell or just get the bailiffs in and turn everything upside down.

Restons have written to me stating that as I am in breach of a court order, they are considering further enforcement action.

 

 

Have you got a copy of the original Claim Form?

 

What address is on it?

 

Seems odd that you received the Land Registry letters but not the Court letters.

[NDLOVINI1]

Have you got a copy of the original Claim Form?

 

What address is on it?

 

Seems odd that you received the Land Registry letters but not the Court letters.

 

Never got the claim forms,

still awaiting the court to send me copies of the claims.

 

It is odd indeed.

That is my dilemma,

all other mail reached me but claim and judgment forms didn't!

 

My conclusion is that they were never sent

 

Restons submitted claims,

were tasked with sending me a copy but didn't,

then went back to court for a default judgment

Thats the only explanation I have come up with.

[dx100uk]

Which is a wrong assumption...

 

Restons do not send you the claim forms. The court does (MCOL)

 

And the fact that you are falling perfectly for restons willy waving makes you their perfect target for more willy waving

 

Its a civil debt

Bailiffs have no right of entry at all

And they won't ever get a sale order on your home either

 

Sounds to me you either been talking on the phone to them

Or

You've entered into pointless letter tennis and restons have senced you are a mug that awaits fleecing blind

 

You need to standup to restons

And they will soon back down

 

Dx

[NDLOVINI1]

Then the court was deliberately given a wrong address by Restons.

 

A charging order means Restons mean business

 

I need to take action and be quick

 

It was a civil debt as you say but its now a secured debt.

 

I have made them aware that 'Law is law, the same for everybody'

 

They can make whatever move and I will use the same court to stop them on their tracks.

 

When the worst comes I will get a solicitor to fight my corner as well ie if they apply for Order for Sale

[dx100uk]

no a charging order is what reston do when they can get away with it uncontested.

when they know they've found a mug to fleece

 

get the CCJ's set aaside and the CO also get nulled.

and this worry over this supposed mystical order of sale you seem worried about goes too

 

 

me thinks you've either been talking on the phone

or reading too many horror stories.

 

 

dx

[dx100uk]

tell us about the two debts please

original creditors

what type of credit

when you took them out

when you last paid.

 

you really need to concentrate on getting these dealt with

rather than keep biting your nails upon what might possibly happen

and worrying about all the lies restons told you over the phone.

 

if you can prove cabot/the original creditors/any other dca new your current address

then i'd be asking rectums to set aside the lot by mutual consent FOC to you.

 

that resets everything and costs you nothing.

 

dx

[NDLOVINI1]

You seem convinced going down the 'set aside route' is best will yield best results.

 

Have you had a similar experience and succeeded?

All forums I have read state its a complicated process and judges are reluctant to reverse court decision regardless of the fact it was automatic.

 

Contrary to what you say, setting aside is very costly, you complete form N244 costing £255

 

What I want to do is stop Rectums where they are but they keep trying to creep forward and i have to use the court to stop them.

 

They have threatened to take further enforcement action but I replied yesterday quoting what the court letter says

ie no further action can be taken whilst the matter is being considered by the court.'

 

Rectums are unpredictable,

they managed to fool the court,

by-pass me and got CCJs issued.

They wanted a Charging Order.

 

Since they are threatening further enforcement action I should take them seriously.

I just hope they will keep me informed rather than going behind my back, getting a 'Warrant of control' and I get a visit from bailiffs.

 

Am dealing with the courts now

so hope the court will keep me in the loop.

[Old Cogger]

calm down, where have you got this info from? set aside as told

[NDLOVINI1]

Old Cogger 27/12/16 at 1040. step change, citizen advice

[dx100uk]

There are 100's here that have suffered the same as you

But your case is diff

You 100% know all the letters and claim forms must have been sent to a bogus address as you say you've lived there for 15yrs

 

100% guaranteed set aside

 

But you keep going on about and worrying about what might happen

 

Stop faffin around

Tell us about the debts as asked 4 times now...

 

Have you rung the court yet and got copies of the ccj's coming to you?

 

If you can prove skullduggery rectums might well set aside by consent free of charge to you

 

But you must get/tell us the info we want

 

Not keep withering on and wasting time!!!!

[NDLOVINI1]

thank you kindly

[dx100uk]

What documents/letters have you so far from arrows or restons

Scan them up to PDF please

And tell us about the two debts

Full history please

 

 

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