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    • Hello there,  I would be most grateful for any help or views on a distressing incident that occurred last summer, I can supply more info.  I am a 70 years old retired man and quite severely disabled I use a Mobilty Scooter and walking aids.  I had recently been admitted to hospital with an ongoing heart condition.     I was quite a frequent customer of my local Pub/Restaurant and I had previously submitted several verbal complaints regarding short measures of drinks.  The both managers took exception to this and told me that I was "Never happy until I found something to moan about"  The atmosphere in the Pub generally declined towards myself and I was certainly made to feel unwelcome.  Matters came to a head when I witnessed a dog, inside the Pub, attack a child (A Toddler) who had accidentally trodden on the Dog`s tail.  Fortunately the parents of the child and the owners of the dog reacted quickly and no injury occurred .  The pub was very busy at this time and the incident went somewhat unnoticed.  I brought the incident to the attention of one of the managers and he actually laughed, it was monstrous.  When the pub became quieter I remonstrated with the said manager and I stated that IMO it was dangerous to have dogs and children in such close proximity whist food is being served.  He became extremely unpleasant and told me in no uncertain terms that if I did not like it then to "Stop coming back"   Two days later whilst I was out in the next village with friends my wife rang to inform me that the Owner of the pub had called around to our home and told me wife that I was barred from the pub and to never venture there again; my wife was distressed, she never frequented the pub and the owner and my wife are not well known to each other.  It is my opinion that he had no right whatsoever, to include my wife in this matter and to do so within her own home whilst I was not present.      I returned home then went to the pub to enquire why the owner had visited my home, and upset my wife.  Whilst I was on the pub car park I was met by both the owner and the manager who both informed that I was barred as I had upset staff members.  No suitable explanation was forthcoming from the owner for the reason of his unwanted and unwelcome visit plus his aggressive manner whilst he talked down to my wife.  They both informed me that they would forcefully remove me if I did not leave the car park.   Due to the immense stress I was enduring I felt an urgent need to use the toilet, when i requested to do so I was denied.  I could not believe it, I was in such a hopeless state and was utterly distraught.  Finally I struggled out of the car park but entered the front of the pub and headed for the toilet however they caught up with me and I sat down on a stool and refused to move until i was granted access to the toilet, however they were both adamant that it would not be allowed.  I reminded them that i was disabled but the owner stated that I was `Milking It` and to "Go behind a hedge".  At least half an hour passed, since I had entered the pub, and the owner stated that he would call the Police, I had gathered my thoughts a little by this time and I stated to them that I would call the Police myself and then see if I would be allowed to use the toilets.  I feel the owner began to realise that he might be in trouble as when I began to make the phone call he stated that I could use the toilet however he would accompany me; i had no option but to concur with his somewhat sick condition.  I was forced to defecate whilst he stood immediately outside the door.  My humiliation and embarrassment was complete.    Two days later I wrote to the owner and informed that I was intending to sue him for disability discrimination related offences.  He chose to disregard what I had stated and replied stating that he had no intention of lifting the ban.  I replied stating that I had no desire to ever enter one of his pubs ever again and that he should re-read my letter and respond to the charges.  He did not reply.   I issued proceedings against him in the Small Claim Court for less than £400  (Some of my clothes and a she were damaged due to soiling).  He, rather surprisingly, instructed a solicitor who has threatened me with costs being awarded against me by the court which could run into many many thousands of pounds and that there was clearly no case for her client to answer.  I must admit to being rather alarmed.  The owner is a wealthy man.     The court have advised mediation and have even offered to award one hour of such FOC; I agreed, the defendant refused.  We now have a date for a hearing and I do not know exactly what to expect.  His court response states that he will be bringing two witnesses with him yet there was only he, the owner and the manager who were present.    Much of this was audio recorded and the owner is not disputing much of my statement.  I never threatened violence or used bad language during this most unpleasant incident.      Any help and opinions would be greatly appreciated.   Kind regards.  --  tibar
    • My friend has told them this and got no response as yet nor any refund,  she  is giving them till about 2pm  to refund it or   will be  reporting it as fraud and  seeing the Police etc, have told her please  do not ever  do it again or drag me into it, I will do my best keep you updated   Sandy xx
    • Make sure you keep that email and print it out for safe keeping, just in case the PPC don't quite get the message.
    • Okay i've just sent the letters recorded delivery and have registered with the claims court. Just reading about PAP.
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evilmrkipling

Old CCJ - Arrow Global Limited - Proposal to Set Aside

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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

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To late for paperwork wriggles

Ccj trumps that need


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

 

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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


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

 

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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.

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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


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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.

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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.


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

 

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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


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 OTHERS

 

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

 

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

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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

 

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

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