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    • Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.
    • I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters? But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf
    • OK, I will do now. I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing. Armtrak Defence documents_compressed.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
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WilliamW101

Arrows/Shoos CCJ old MBNA debt - offering Early Settlement Offer After failed CO attempt

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Hi

Not sure if this is the best part of the forum to post this but here goes.

 

I have recently received the attached letter from Shoosmiths acting on behalf of Arrow Global (Guernsey) who have a debt that was originally with MBNA.

The discounted settlement figure is for 60% of the total amount outstanding.

 

A CCJ was awarded in 2011 for circa £12k

 

Jan 2012 we relinquished our house to the mortgage company

 

May 2012 Arrow went back to court to get the house added to the CCJ as I had defaulted on payments

 

On the way way to court my (now ex) wife called to say the mortgage company had sold the house, the letter arrived in the post after I had set out.

 

In the meeting with the judge and Arrows representative I explained what had happened but had no paperwork to back it up (an hour's bus ride each way would have made me late for the meeting)

 

The judge duly gave them rights over the property and within 7 days I received another letter saying that we had sold the property without their permission.

 

I replied stating both the judge and their representative had been made aware of the property sale at the meeting.

 

I have heard nothing back from them since then.

The CCJ no longer shows on my credit report.

 

I do understand that the debt is still there but nearly six and a half years after their last correspondence this has come as a bit of a shock.

 

I do not have any capital to pay off the figure requested,

I own no assets of any worth and I have no disposable income.

 

The further options they mention (Attachment of Earnings and/or Warrant of Control) have rattled me somewhat.

 

What is the best response to the letter and what are the likely outcomes?

 

Any advice would be much appreciated!

Early Settlement Opportunity After CCJ.pdf

Edited by dx100uk
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AFAIK, after such a long period of time, they will have to answer to the judge as to why it has taken them so long to action the judgement.

 

They are willy waving and hoping you are as uneducated as they.

 

They've had plenty of time to take action and they've failed to do so, tough.

 

IMO it doesn'teven merit a response to them, file it, keep it safe and keep an eye on your CRF.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for the quick response, really appreciated.

 

With regard to the CRF, is that a general keep an eye on it or is there something possible directly linked to this?

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If the CCJ has already dropped off it, then just keep an eye on who (may possibly) be searching your files, IF it shows up.

 

 

They cannot add the old CCJ once it's dropped off, just as they cannot re-add defaults that have dropped off.

 

 

There probably won't be any movement on it at all, and what you've received is simply a computer generated threatogramme that some dullard has told it to send when they've been checking their archives.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks again, I'll keep an eye on it and update if needed

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Retitled and moved to legals

 

Ignore them


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Its a simple template threat o gram..dont take it personal...they missed their opportunity to get a charging order to secure the judgment of 2011...and are now past the 6 years to execute it further (Attachment of Earnings/ Warrant of Control)...unless they seek permission of the court and pay the relevant fees.


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Its a simple template threat o gram..dont take it personal...they missed their opportunity to get a charging order to secure the judgment of 2011...and are now past the 6 years to execute it further (Attachment of Earnings/ Warrant of Control)...unless they seek permission of the court and pay the relevant fees.

 

It's the "unless" part that worries me

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Well the " unless " is very rarely allowed unless the Judgment claimant can provide good reason.


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Well the " unless " is very rarely allowed unless the Judgment claimant can provide good reason.

Thanks, that does help 🙂

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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. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.


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That is a great explanation, and very reassuring. Thank you again

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