Arrow/shoosmiths Old CCJ - Sainsburys debt - (missed defence filing by 1 day) - Proposal to Set Aside

[evilmrkipling]

I currently have a CCJ against me that was entered into by default judgment in 2014.

 

The initial court paperwork was sent to an old address but was passed onto me, I did submit a defense but it arrived a day late and was struck out and judgment was entered into by default.

 

I was recovering from a serious illness that affected me both physically and mentally and didn't have the capacity to be able to deal with it at the time.

 

The Timeline is as follows:

2010 Default on credit file

2014 CCJ Default Judgement

2016 Default was dropped from credit file but CCJ remains

2018 I sent letters to the claimant and solicitors asking for proof of claim

 

Claimant:

Arrow Global Limited

 

Solicitor:

Shoosmiths

 

Particulars of Claim:

1. The claim is for the sum of 7545 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's Bank PLC under account number XXXXXXXX upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between Sainsbury's Bank PLC and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitorson : 0113 823 3850

 

In January 2018 I wrote to Arrow Global Limited at the address on the claim but my letters were returned undelivered.

 

In February 2018 I wrote three letters to Shoomiths, I have proof of these letters being delivered.

 

The first letter:

A formal request for them to supply me with the credit agreement mentioned under the particulars of claim under sections 77-79 of the Consumer Credit Act 1974

 

The second letter:

A subject data access request.

 

The third letter:

Request for documents mentioned in the statement of case under CPR 31.14

1. The Agreement

2. The deed of assignment

3. The notice of assignment

4. The default warning letter

5. The default notice

I gave them two weeks to send me the above.

 

I received a reply from Shoomiths a month later, they complied with the subject data access request and responded to my letters. In their response they stated the following:

They confirmed that they have requested the following from there client Arrow Global Limited:

1. Statement of Account

2. Agreement

3. Notice Of Assignment

4. Terms and Conditions

 

They stated that Arrow Global Limited has been assigned the debt pursuant to the Law of Property Act 1925, they stated I am not a party to the agreement and I am not entitled to a copy of the Deed of Assignment,

They said that any other information I have requested to be disproportionate and that they do not agree with my timescales and will contact me again once they have received the documents.

 

 

It's now 4 months later and they have not provided me with any documentary evidence to substantiate their claim.

 

I am hoping to now write to the court stating that I have requested the evidence of the claim, I am yet to receive any and propose to set aside the claim on those grounds.

 

Any advice on how best to proceed here welcome.

 

If they are unable to prove their claim then surely there is no claim?

 

I need some help and guidance on approaching this in the best possible way.

 

Many Thanks

[dx100uk]

To late for paperwork wriggles

Ccj trumps that need

[evilmrkipling]

How would you suggest I proceed?

[dx100uk]

You need a defence for their claim to go with a reason to set the ccj aside

I cant see either yet with the info given

[evilmrkipling]

The defence would be I've asked them for documentation to prove the claim but they have failed to provide it, if they can't prove the claim surely there is no claim.

 

Reason to set aside, I defended the claim at the time but it was rejected, so I've tried but was not allowed to defend the claim initially. The issues I've had with my health should go part way to explain dropping the ball and the delay in getting back to them.

 

I need all the help I can get to strengthen this and come up with the best possible arguments.

[AndyOrch]

Any attempt to set a side should have been made 4 years ago...only 2 years to go and this also falls away......really not worth the expense hassle and stress.

 

 

Andy

[evilmrkipling]

It would make a big difference to my life to be able to have access to finance again. I really want to give this a go. What have I got to lose?

 

Plus even after 6 years they can still enforce the CCJ and send a bailif to remove my goods, take a car, attach it to any earnings or to a property. I'd be scared to move forward with my life.

[dx100uk]

you have no viable defence

not having enforceable paperwork is not a reason once you have a CCJ, the debt has been enforced ..too late for that.

[AndyOrch]

It would make a big difference to my life to be able to have access to finance again. I really want to give this a go. What have I got to lose?

 

Plus even after 6 years they can still enforce the CCJ and send a bailif to remove my goods, take a car, attach it to any earnings or to a property. I'd be scared to move forward with my life.

 

They could....but its very rare after 6 years to get permission to execute a judgment....still its your choice....the fee is £255..using the N244 application.

 

First point to overcome is.....

 

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

 

(a) the defendant has a real prospect of successfully defending the claim;

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

[batty69]

 

To add to Andy's comment, once there is a CCJ the burden of proof swings the other way in trying to obtain a set aside.

 

It's no longer a case of can they prove the debt, can you prove (or show enough evidence) that the debt is not yours.

 

The only other way IIRC is to prove was their effective service of the claim. But the fact you submitted a defence a day late, pretty much scuppers that one I think