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arrows/restons unknown CCJ - Home Direct set aside/N244 help please


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Hi - asking for my sister who is a disabled adult (mental Health).

 

She has received a judgment by default CCJ from Home Direct,

she doesn't remember receiving the court pack,

nor is it something I have seen when visiting

- as she usually gets me to read through things for her.

 

Now she owes the money, no doubt about that.

 

 

And up to 2016 was making regular monthly payments to a DCA when the agency changed to the current one.

She has tried twice to set up the plan again,

only for them to not reply,

and send a standard letter again a few months later.

 

She phoned the new DCA after receiving the default judgment notice, and they were not sympathetic at all

- went through an income and expenditure with her

- and included her PIP payments (and those of her daughter who has ASD) as income.

They wanted a massive £800 per month, the debt is £2400.

 

So:

1 - Can they include PIP payments as income?

 

2 - Would she have grounds to set aside as she says she didn't get the court paperwork (although from the sticky thread it mentions you would have to show a defence to the claim as well for that?).

 

3 - Would setting aside mean they would be more likely to accept a reasonable payment plan anyway?

 

Any help is very much appreciated - thanks

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You are in the wrong area at present, I'll ask for it to be moved for you.

 

In the meantime I would say there would be little chance of Set Aside using the grounds you have unless you can pay it all off

- I'm assuming you knew about it previously.

 

 

You can however submit an application for a Variation Order

- Form N245,

they may object and it would go forward for a Judge to decide.

 

 

As far as your PiP is concerned then yes disclose it but also show it as expenditure as it is there to help with your condition.

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moved to legal forum.

 

why did she now get the claimform.

have you checked it was sent to the correct address

 

so home direct sold the debt on.

who have been the DCA's so far

bet they're linked

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We could do with some help from you.

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Thanks guys :)

 

She only received the default judgement from the court and then called the debt collectors

 

 

on there (Restons Solicitors). It says claimant Arrow Global.

 

The payment plan she had in place was with Arrow Global but was a low amount, so it looks like they passed it on after telling her to stop making payments.

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So who is the claimant on this judgment and Solicitor ?

We could do with some help from you.

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Thanks.....

 

So your sister was paying a DCA ? an agreed payment plan and the DCA assigned to Arrow who issued the court claim....which she never received and has not moved home in the last 5 years or so.

 

Do you know who the original DCA was ?

We could do with some help from you.

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Hi - sorry if I've been a bit unclear

- the payment plan was with Arrow Global

- who then told her to stop making payments

 

 

she then started to receive letters from Restons who never replied to her income and expenditure statements twice,

but kept sending her standard letters threatening action.

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With you...and your Sister has not changed address in the last 5+ years so Arrow have her correct address to send the claim pack ?

We could do with some help from you.

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Nope no new address for over 5 years - same address as the catalogue sent deliveries to as well.

Yes Arrow had the address - she was getting regular statements for the payment plan she had.

Thanks

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How much was she paying to Arrow pre litigation on her payment plan ?

 

And now they want £800 per month on a £2400 judgment ?

We could do with some help from you.

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Fine...now do you have the Notice of Judgment ?

 

Does it state to pay the full amount of £2400 now or in monthly payments..if so how much per month and what date is on the notice of judgment and what date should she make payment by?

We could do with some help from you.

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Thanks...

 

So the options available....

 

I assume she does not work ...so no attachment of earnings

 

Rented property or Mortgaged ? If rented no Charging Order Possible.

 

Married or single ?

 

Does the fact that having a CCJ will show on her credit files for 6 years only bother her?

We could do with some help from you.

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Excellent response..just the answers I was looking for :-D

 

So in view of her current predicament.....

 

Submit the N245 and vary the judgment payment to a manageable monthly amount ...say £5 and teach Arrow not to mislead their clients by advising them to stop their payment plan to justify sending a court claim which never arrived anyway...the CCJ will fall off the credit files on its 6th anniversary.

 

The fee is £50 and the form includes its own Income and expenditure sheet which is self explanatory...and how they deal with benefit related income and how its calculated..

 

Regards

 

Andy

We could do with some help from you.

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Thanks for your help :)

One last question, would they be able to get a warrant to take goods? I'm sure one of the letters reference it.

 

Not once you have the N245 processed and agreed in court

We could do with some help from you.

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and just for ref the court bailiff wouldn't do that

and we've not seen [and they can't because its below £5k is it andy] as CCA regulated get HCEO bailiffs involved

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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HCEO cant get involved on a CCA regulated debt...the court bailiffs could if a Warrant was issued for control of goods for debts up to 5K..but not once a variation and payment plan is in place.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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