Arrow Not Accepting Payments on CCJ

[Chickenlegs]

Hoping someone can give me some advice here.

 

Arrow Global and Restons have issued me with Court papers for an HBoS debt which goes back to 1997!

 

Over the past 10 years I have requested the CCA and have SAR'd other DCA's

but the CCA has never been sent,

only an Application Form with retyped up-to-date Terms and Conditions.

 

Now, of course, Arrow Global have applied for a CCJ.

 

I don't think I would be able to go to Court myself (as a pensioner I don't have the funds for the trip to Northampton for one thing)

but do you think I should dispute it?

 

And if so, how??

 

Regards

 

Chickenlegs

[citizenB]

Hi chickenlegs, you would not have to go to Northampton - if the claim proceeds then it will be transferred to your local court.

 

 

 

Can you please also let us know the following :

 

Date of issue of the claim form - you will find this on the claim form - top right hand corner near the claim reference. You have a timeline that needs adhering to, once you have given us this date, we can work that out for you.

 

Also can you can tell us exactly what it says on the claim form - eg the reason they have issued the claim.

 

We would need a little more history of the account and how you got to this point before we could offer proper advice.

 

What type of debt is this - Credit card/loan/ current account overdraft ?

 

Are there any default charges for late or non payment added.

Is there any Payment Protection Insurance that may have been mis sold ?

 

When was the last payment made to the account. Are you still making payments or did you cease payments and why ? Is the amount being claimed, above or below £10,000 ?

Edited October 23, 2013 by citizenB

[renegadeimp]

Also, should they continue with the court claim, you dont need to go to northampton. It will be sent to your local court.

[Chickenlegs]

Thank you so much citizenB and renegadeimp for your replies. My broadband went down just after I posted my plea for help yesterday so haven't been able to do anything on the computer since then. Seems to be ok now so will answer your questions citizenB.

 

The date on the Claim Form is 18th October and it says

 

 

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and HBoS dated on or about ------1998 and assigned to the Claimant on ------2010 in the sum of £-------.

 

 

It is a credit card debt with no PPI or other charges on it (I think - but I'll go through the huge file I have just in case there are some charges).

 

The sum is below £10,000 and the last payment made was in December 2008. I was hoping it would become Statute Barred before anyone would pick it up but no such luck it seems.

 

Apologies once again for the delay in answering your post.

 

Regards,Chickenlegs

Edited October 24, 2013 by citizenB

[citizenB]

It is indeed very frustrating when the cyber midgets start mucking around !!

 

Righto, well your timeline is..

 

 

Issue date : 18th October + 5 days for service = 23 October + 14 days to acknowledge = 6 November + 14 days to submit defence (if that is your intention to defend) = 20 November.

 

The claim itself doesn't give much away.

 

Do you have, a copy of the agreement - were you notified of the assignment.

 

Was there any dispute between you and HBOS prior to the sale. (Why did you cease payments)

 

Did you ever receive a Default Notice from HBOS. Have you been provided with Notices of Arrears (these should have been sent at least once a year, although I understand HBOS send them more frequently).

 

You will need to send a CPR request (linked below) to the solicitor on the claim form. It is quite likely you will not receive a response and might have to respond to the claim as it stands.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You can only request documents that are mentioned on the claim form, which in this claim are..

 

1: The agreement

2: The Notice of Assignment

3: Statement of account.

 

Read the CPR request I have linked above and amend where necessary. At the very least, please obtain a free proof of posting from the post office as proof that it has been sent. Keep it with your copy of the letter.

 

Only you can decide if you wish to defend. It really all depends on how you got to this point - if there are any major flaws with the original agreement (no prescribed terms or if you never actually signed an agreement at all).

 

If you could again, answer the questions above, then we will have a better understanding. Meanwhile, if you send the CPR request off and see what happens and also keep an eye on your timeline - if you are going to defend then you will need to acknowledge the claim, else they will obtain a Judgment by default.

[Chickenlegs]

Hi CitizenB,

 

Thats a lot of questions - bear with me whilst I go through the file for the answers please.

 

Will get back asap.

 

RegardsChickenlegs

[citizenB]

No hurry, I personally wont be around until next Tuesday, but others will be here and able to help. If you click on the exclamation mark in the triangle at the bottom of each post if you need urgent help. Site team will look in on you

 

One thing you might want to consider is a Time Order if there is no credible defence to put forward !

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382658-Time-Orders&highlight=Time+Order

 

But there is a little time yet.

[Chickenlegs]

Ok citizenB have been through the vast file and can answer your questions as follows

 

:-As for the Agreement, there is only the Application Form which is signed

but no Terms and Conditions on it or attached to it.

 

Years ago I sent a SAR to Wescot who were sending me threatening letters at the time,

and received a copy of the Application Form together with 8 pages of Terms and Conditions

which look like they had just been updated and retyped!

 

I was notified of the Assignment in 2010.

 

I didn't continue paying the debt because I just couldn't afford it.

 

I don't appear to have a Default Notice

although Blair, Oliver and Scott once noted it on a list of correspondence they have on me.

 

I have printed off the CPR request and will send it to the solicitor in question tomorrow.

 

As you say,

I will have to keep an eye on the timeline.

 

It could get a bit dicey getting the Claim Form back on time.

 

Regards,Chickenlegs

[phaitun]

hi Chicken legs is this a halifax loan?

my dealings with arrow global on a Halifax loan showed that they changed their system in 2006

and the archived default notices were no longer available.

 

go through the SAR computer screen printouts with a fine toothcomb you will find some golden nuggets.

 

also the application form may not be enough to enforce as the date of the alleged agreement was 1998.

 

I reckon a new SAR, a new CCA request and a typed timeline of each and every time a DCA

has been asked to provide you with a lawfully binding agreement

and other supporting docs should be enough to get their claim struck out.

 

at the end of the day you have asked them to provide details

of any charges PPI that they may owe you back (plus compound interest)

together with proof that the alleged debt is owed by you and is legally enforceable.

 

regardless there is a disputed account and no valid cca.

 

It's your choice if you want to fight it in court or pay them

 

Look at the rubbish statement printouts they have sent you and try to work out any charges.

 

use the interest calculator from this forum and you may find that with compound interest

added to these unlawful penalty charges,

the claim for repayment of the charges plus interest could wipe this alleged debt out plus put some added money your way.

 

the statements they sent with the SAR most probably

won't list the actual charges but they can be worked out from the time you stopped paying and the subsequent

increase in balance before the account was frozen if interest and monthly charges.

 

if you have some old statements even better.

 

Court is a daunting prospect and not to be taken lightly,

however if you think you've paid more than you borrowed and these vampires

are trying to get more blood out of you with added charges,

interest and interest on charges then it may be worth a fight for you personally.

 

I am no expert and there are far more experienced caggers than me,

 

however I have beaten both Halifax and Bank of Scotland over two old alleged debts at Court,

both times they could not produce a CCA or Default notice.

my defenses were based around my numerous attempts for disclosure

if these statutory requirements and the repeated failures.

 

I was ably assisted by some great people here on CAG and I am truly grateful as a CCJ would have cost me my job

 

good luck I am sure you will get good advice along your journey.

Get organized with all the paperwork in date order in a file with clear polythene pages and micro scrutinize everything.

 

this will help you to build your defence if you decide to fight.

Edited October 24, 2013 by phaitun

[Chickenlegs]

Hi Phaitun, thank you so much for your post.

Its got a lot of great advice on it and I only wish I had the nerve like you to defend myself in Court!!

 

I am an OAP on a meagre state pension and the mere thought of going to Court frightens me

- its silly I know but I think its a generation thing.

 

The stress is already sending my blood pressure through the roof!!

 

But to answer your question:

This is a credit card debt not a loan.

I think the situation now is way past sending another SAR or CCA request as I now have a timeline to keep to.

 

However, I will take your advice and spend sometime this weekend sorting out the file which is huge,

and put everything in date order.

 

Perhaps I could come back to you if I find something 'interesting' which might help my case???

 

RegardsChickenlegs

[Chickenlegs]

Hi again Phaitun and citizenB,

 

Have been going through the file and have found a few discrepancies:

 

1. I have never received a Default Notice.

 

2. As I mentioned before, I think the T & Cs are an updated and retyped version.

HBoS sent me what was supposed to be a copy, back in 2009, with my hometown spelt wrongly.

There are 8 pages in all.

 

On the last page is the date '06/07' which appears to confirm that it is indeed an updated, retyped version!

 

Since then I have received 2 more so-called 'copies' from other DCA's

and both of them differ from the first version and each other's versions.

 

There are actually paragraphs missing out of the version Arrow Global sent me in 2012.

 

On the last page is the date '09/07 - 10/08'.

 

My question is:

do you think this version would be the one they rely on for the Court case?

 

In all I have CCA'd 5 different DCA's over the years and have put the debt 'in dispute' with all of them

as they didn't provide me with anything.

 

What Arrow Global sent was the Application Form and these 8 pages of so-called T & C's

which aren't mentioned in the Application Form.

 

Have sent off the CPR 31 request, will just see if they reply now.

 

RegardsChickenlegs

Edited October 26, 2013 by Chickenlegs
no paragraphs showing

[Chickenlegs]

Thank you to whoever renamed my post!!!! Looks much better than my original title. However, I'm finding that my posts are all rolling into one paragraph although I'm typing them in paragraphs - why?? I find I can't change the font or font size or use any of the applications showing on the top - can someone tell me please what I'm doing wrong here??Many thanksChickenlegs

[steampowered]

Perhaps someone who is more technically minded will advise, but I think it has something to do with using old browser software. If you write

 

where there should be a gap that will create a gap.

[citizenB]

At the right hand side of the reply box, you will see A/A

If you click on that before copy/pasting or simply typing into the box, your formatting should be ok. I have the same problem and it can be very frustrating

[Chickenlegs]

Thanks citizenB I'll give it a try!RegardsChickenlegs

[Chickenlegs]

Hi all,

Need some advice please.

 

Had a CCJ for a credit card debt (under £5,000) granted against me last December 2013.

 

I pay Restons for Arrow Global. Payments of £5 a month were accepted and I have been paying regularly.

 

I always obtain a Certificate of Posting when sending it off each month as well.

 

Suddenly,

I have received a letter from Restons saying they are applying for a Charging Order

because it would take too long to pay off the debt at the current rate!

 

Can they do this as I have been paying regularly?

 

Regards

Chickenlegs

[dx100uk]

is this the Halifax one?

 

dx

[citizenB]

Did the court agree to the payments of £5.00 ?

 

Why have they waited until now to advise they would obtain a Charging order ?

 

Is the debt in your name only

 

Is the mortgage in joint names ? If so, then they will only be able to obtain a restriction.

[Chickenlegs]

Hi dx100uk, yes this is the Halifax BoS one. Hi citizenB, yes the Court agreed to the £5 and the debt is only in my name. There is no mortgage!

 

rgds,

Chickenlegs

[dx100uk]

threads merged for history...

 

why did you never continue the old thread and defend the claim?

[Chickenlegs]

Hello again dx100uk,

 

I wish I had the bottle to defend myself but, I'm afraid, as soon as these frighteners come through the letterbox my legs turn to jelly and my blood pressure goes through the roof.

 

Do I have to accept a Charging Order on our house?

 

Is there nothing I can do to stop them?

 

They've given me 8 days to contact them and pay up or they will apply for the CO.

 

rgds

CL

[Chickenlegs]

I've been reading up on here about Charging Orders and see that sequenci wrote a guide to Charging Orders in 2009 which included the following statement:

 

Section 86(1) The County Courts Act 1984:

 

Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order.

 

Well I haven't defaulted so I'm wondering if this guide is still relevant?

CL

[dx100uk]

Hello again dx100uk,

 

I wish I had the bottle to defend myself but, I'm afraid, as soon as these frighteners come through the letterbox my legs turn to jelly and my blood pressure goes through the roof.

 

Do I have to accept a Charging Order on our house?

 

Is there nothing I can do to stop them?

 

They've given me 8 days to contact them and pay up or they will apply for the CO.

 

rgds

CL

 

that's why restons are doing it

you let them walk all over you.

 

they don't give a monkeys about you

all they want is the money.

 

did you ever SAR the original creditor and get all the statements to look at reclaiming too?

 

dx

[Chickenlegs]

Hi dx

 

Yes, I sent an SAR in 2008 and received a huge envelope full of lots of stuff. It indicated lots of 'Late Fees' at £12 each and 'Over Limit Fees' again at £12 each. There was a 'letter charge' of £22.33 but never any Default Notice sent. My CCA request £1 was credited to the account.

 

It sounds like a hopeless case! I've got the CCJ and now, presumably, cannot stop a Charging Order being obtained?

 

CL

[dx100uk]

god..

 

so why have you never gotten those reclaimed

 

you could be owed hundreds here

 

i'd also wonder why these were not bought into play in the case before now

 

I've a feeling you could use this to dispute the balance on the CO I think.

 

dx