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    • Yes I understand that, my point is why is the account still be reported on 6 years after the default date has passed regardless of the SB date.   The default expired 4th November, Cabot put a query on the account the 7th November so it is still showing in my history, my question is why are they doing it?        
    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
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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
Spacing

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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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