Arrow/Restons default CCJ old Debenhams card - chasing payment

[minkie64]

Hi,

 

here I am again...

.6 years ago I had a breakdown,

got into about 35K of debt,

3 CCJs

which 1 is a charging order and this has just popped up.

 

I am DESPERATE not to get another charging order so want to negotiate with them.

 

I don't have the original CCJ nor any of the paperwork from Debenhams.

.this debt has been passed round various DC over the years,

all of which I've ignored..

but this I think Restons will take further..

 

I am on ESA in the support group with no chance of returning to work.

My dad will help me,

so I want to offer then 10% but since this forum has helped me on others, I've come here first for advice!

this is the letter

 

Re: Arrow Global Management Limited

Account number xxx

Original creditor and Product type : Santander – Debenhams Store Card

 

We act on behalf of Arrow Global Management limited who has instructed us to write to you concerning an outstanding debt due to them. Our client has obtained a CCJ against you.

The balance outstanding to our client is £1492.77

 

Our client would prefer t reach an affordable repayment arrangement with you to avoid further legal action.

Please contact us on 000000 to discuss the various repayment options available.

 

To help us understand your overall financial position and to determine how much you are able to afford, we enclose a financial statement for you to complete and return to this office.

Alternatively please visit our website at www…

.to complete a financial statement online.

 

We would like to discuss your financial position with you to establish how you can repay this debt.

Alternatively you can also seek free independent advice from one of the organisations detailed on the reverse of this letter.

 

It is extremely important that you contact us to discuss your situation.

We can only assist you in resolving this matter if you get in touch.

 

Please contact us no later than Wednesday, May 24, 2017,

failing which we have instructions to enforce the outstanding Judgement debt.

 

Please note that there may be an opportunity for you to discharge your liability through a short term settlement payment.

If you think your financial circumstances do allow you to pay a lump sum, please telephone us on 0000to discuss this.

 

We must forewarn you that you will be asked to provide full details of your financial circumstances when speaking to us on the telephone.

 

Without that information our Client cannot accept a short term settlement as it is important that any such payment does not have an adverse impact on your financial circumstances.

 

If a settlement is reached and subsequently paid, our Client will update your credit file at the credit reference agencies within 35 working days.

 

Your credit file will show that the account has been partially satisfied.

 

The record will remain on your credit file for 6 years from the date of default.

 

Yours

 

Restons…

 

 

any advice on my best way forward?

 

thanks

[Old Cogger]

give details of this one whom , taken out, last paid credit card etc etc

[AndyOrch]

What date was the judgment..you have checked there is a judgment ?

 

Andy

[minkie64]

It was a Debenhams store card taken out in 2009 / 2010.

I don't have the original paperwork.

I last paid it around April 2011

 

I did a trial of Experian credit report, 3 years ago when Shoosmiths got the charging order for a different debt and a CCJ for this amount was on there.

 

I don't have the original CCJ and no idea how to check

- it will have been done between June - Oct 2011

- I was living out of the country and all my post was destroyed.

 

I looked on Noddle.

 

I opened the account on 17.06.2010 and went into default on 29.06.2011

 

Noddle shows 3 active CCJs but this isn't one of them.

 

Thanks

[dx100uk]

its a discount begging letter.

 

do you even know the claim [CCJ] number.

is it on rectums letter header?

 

if they are offering a short settlement

then something smells.

 

are you joint owner of your home or is it just in your name?

 

dx

[minkie64]

Hi,

 

No I don't know the claim number, it's not on the letter..

 

I am joint owner with my daughter on the property, benefits are paying my half of the interest each month.

 

 

Thanks

[dx100uk]

and were you a joint owner when the other charging order was granted?

 

if you were it should be recorded as a restriction k

the same as any that rectums are threatening

 

that means that you don't even have to tell them the house is sold

just afterwards.

 

I think its willy waving as they know they don't stand a chance even if they do take you back to court

that could be the reason why the short settlement is being offered.

 

sorry but something smells here to me.

 

I wonder if it might pay you to get an sar off to Santander and get all the card statement

could be £1000's in PPI awaiting collection?

 

was this card taken out at your present address?

if not you need to search trustonline using the address at the time

[AndyOrch]

I think this is going to require a little investigative work from yourself minkie before even considering a response to Restons .

 

Speak to CCBC Northampton MCOL first and get details of the claim and judgment and then check the CCJ Registry ...

 

https://www.trustonline.org.uk/

 

Very suspicious that they do not refer to a claim number.

 

Andy

[minkie64]

Thanks Andy, I'll get on with that tomorrow.

 

I'm nervous about not having much time and wondered if it was worth a letter to restons to buy me more time?

 

Hi Dx.

 

Yes I was a joint owner when Shoosmiths got the charger order.

It's registered on the land registry and we can't sell without them being paid off.

 

I know there is no PPI - I always made sure I didn't take it out.

 

Yes the card was taken out at this address.

 

thanks

[dx100uk]

then it cant be a CO but only a restriction K

of which you don't have to tell anyone until the property is sold.

 

 

anyway that's another story to this one but worthy you go get a copy.

and don't get mugged latter.!!

[minkie64]

Thanks Dx - thats tomorrows job!

[AndyOrch]

" I'm nervous about not having much time and wondered if it was worth a letter to restons to buy me more time? "

 

Absolutely not......nothing to be nervous about they dont set time limits...

[minkie64]

Hi

 

I used Trustonline to find out who the CCJ was from - this showed it as Northampton CCBC on the 30/8/2011 for £1659 and unsatisfied. It did give me the case number.

 

I called CCBC quoting the case number and they sent me a PDF of the judgement.

 

It shows the claimant as Arrow Global, the amount being £1492.77 plus £167.00 costs. with a first payment of £125.00 being due by 14/9/2011 and that the claim wasn't defended.

 

The address for Payment is Lewis Debt Recovery and it looks like Restons were the ones taking me to court.

 

I've replied to the email from the court asking them for a copy of the claim as I'm still not sure what this is for

 

I'll call the court again in the morning to ask for a copy, but wanted to share this and see if anyone can tell me how to find out more

 

thanks x

[dx100uk]

so arrows bought a debt

filed a claimform at an old address

restons were the solicitors

and got a default judgement.

 

 

CL are arrows.

 

 

good work keep going!!

[AndyOrch]

The Judgment date is approaching its sixth anniversary ( 30/8/2011) hence the flurry of activity to get you to agree some form of payment.After 30/8/2017 the claimant would require permission of the court to execute the judgment further.

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

Regards

 

Andy

[minkie64]

Thanks Andy, that certainly explains them suggesting a settlement figure...I will get a copy of the original claim and post here for advice.

[minkie64]

Hi,

 

I spoke with the court, they emailed me the particulars of the claim

 

THE CLAIMANT'S CLAIM IS FOR THE SUM OF 1492.77 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER A REGULATED CREDIT AGREEMENT MADE IN WRITING UNDER REFERENCE 633xxxxx THE DEFENDANT HAS FAILED TO MAKE PAYMENT IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO SECTION 87(1) OF THE CONSUMER CREDIT ACT 1974. THE CLAIMANT CLAIMS THE SUM OF 1492.77.

 

 

Not sure what to do now...how do I deal with Restons to stop them going any further?

 

the 6 years expires 30/8 but if I am in contact with them, I guess I lose this?

 

I can pay them 10% full and finale settlement to get rid of them....is it worth a letter

 

I am on ESA, in the support group with no chance of going back to work, so I can offer them £1 a month.

 

Any ideas on how best to resolve this?

 

Thanks

[AndyOrch]

" Please contact us no later than Wednesday, May 24, 2017,failing which we have instructions to enforce the outstanding Judgement debt."

 

Hi minkie

 

So what options do they have at their disposal...

 

Charging Order

Attachment of Earnings

Third Party Debt Order to freeze your accounts and take payment.

 

Your options.

 

Start making the Payments of £125

Submit an application to vary the payment to reduced amount N245 or request a redetermination of the monthly amount.

Do nothing and see if they do execute it further....risk of a further CO on your property.

 

Regards

 

Andy

[minkie64]

Hi Andy,

 

I can't take the risk of another CO...just can't..

 

so, I can do the N245 and get it reduced to £1 - if I am doing this, the time will have gone past 24th May - does that mean Restons can go for a CO?

 

I would like to make an offer to them of 10% F&F settlement

 

Is it worth sending the offer to Restons and at the same time applying to the court for a reduced monthly fee?

 

I think what I am trying to ask is, if I'm dealing with the court, will that be enough to stop them getting a CO?

 

thanks

[Old Cogger]

afraid these days they can get one and DJs being ignorant allow them sure the peeps will advise you further

[AndyOrch]

Hi Andy,

 

I can't take the risk of another CO...just can't..

 

so, I can do the N245 and get it reduced to £1 - if I am doing this, the time will have gone past 24th May - does that mean Restons can go for a CO?

 

I would like to make an offer to them of 10% F&F settlement

 

Is it worth sending the offer to Restons and at the same time applying to the court for a reduced monthly fee?

 

I think what I am trying to ask is, if I'm dealing with the court, will that be enough to stop them getting a CO?

 

thanks

 

legally as the judgment has been awarded in monthly payments you really shouldn't make application using N245 to vary...but ask for a redetermination of the monthly figure by submitting an N245 with fee (£100 without hearing) a redetermination should not require a hearing (£255)

 

As the claimant has already attained judgment there is nothing to stop them applying for an Interim charge automatically without need of a hearing...so if you get anything from The Land Registry..they have used that option already.

 

Sure feel free to contact Restons and put your proposals to them...if you dont ask you dont get.....but at worst if they wont agree and stick to the £125 state you intend to make redetermination and reduce the payment considerably.

 

Regards

 

Andy

[minkie64]

Thanks Andy...

 

Going to write to Restons, send them an F&F offer and go from there...

[AndyOrch]

Let us know how you get on

[minkie64]

this is the letter

 

 

 

I write with reference to money you are claiming on this account.

 

I can confirm I am unable to pay the money I owe in full.

 

I am currently unable to meet my payments due to being on State Benefits ( ESA ) with no prospect of a change in circumstances as I suffer from a chronic condition. I am working with StepChange Debt Charity to help resolve my financial situation.

 

However, I can raise £150.00 from my father, who will make the payment, should you accept my offer and I want to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever.

I also request that, if accepted, you make an entry on my credit reference agency files relating to the above account as having been paid and the account closed.

 

Payment can be made within 1 working day of receiving your written agreement of this offer and method of payment.

 

I look forward to hearing from you

 

Yours faithfully

[AndyOrch]

On a debt of £1659.00 I wouldn't hold up much hope of them accepting but see what transpires.

 

In all honesty probably a Charging Order would be the best outcome.......whats one more if you already have some ?