Arrow/Restons CCJ /Attachment of Earnings Application

[Liveabroad]

Good morning,

 

I' m new so I really appreciate your patience in understanding my problem. I have looked through and discovered these companies have been covered, however I did not understand how to proceed in dealing or in fact where to post my query, so again thanks for your patience in reading through.

 

Firstly left England over 8 years ago, I had a remaining balance on a mbna card. In the first year I recall trying to deal with them but nothing resolved and I left it through personal problems. In July 2018 a letter addressed to me was received at a family member's (with no financial connections) address, from Restons solicitors saying they are attempting to contact above person etc etc.it is an unusual surname so guess they must have used that as also same surname.

 

She called and asked why they used her address and for information, they simply said they could not speak to her about the matter as she was not the person named. So she simply told them not to use her address.

 

She since moved and has just received further correspondence, forwarded to her which she has forwarded to me, one is Notice of Application for attachment of earning order, giving Arrow Global Guernsey as debtor ( I have never had any correspondence from them, not dated and a second one dated 2 October 2018 which says Notice of Transfer of Proceedings in County Court Money Claims Centre.

 

She petrified bailiffs going to knock on door of her ex address.... I dont know how to proceed.. either claim it statute barred but to whom? Or request info of original debt.

Edited October 29, 2018 by Andyorch
Paras

[AndyOrch]

Hi Liveabroad and Welcome to CAG

 

I have moved your thread to the appropriate forum in view of the CCJ and updated your thread title .

 

Please continue to post here to your thread.

 

Regards

 

Andy

[AndyOrch]

The Notice of Transfer is to deal with the application of the AoE in your own county court....because you never responded to the court claim and now have a CCJ.

This is called executing the judgment.

 

I assume the paperwork was delivered to a previous address...we call this a back door judgment because you failed to update your address with the Creditor/DCA.

 

If you think it may be statute barred you can make application yourself to set a side the judgment for that reason...there is a fee of £255 using the N244 form

 

Andy

[Liveabroad]

Thanks again, ok so they can enforce a judgement without me receiving any correspondence?

I gave my new address when I spoke to them in 2010, and it has not changed since.

 

I am unable to check credit file as no uk address,

is there anyway round that ie put in old address, or is that not wise?

 

Also can I request set aside N244 from outside UK?

Also how could I have responded to court claim if not received?

Edited October 29, 2018 by Liveabroad

[AndyOrch]

If you have proof they were aware of your current address..IE letter from them to your new address you can set a side and the fact that it was statute barred anyway at the time of claim is grounds enough.

 

You will have a CCJ no doubt as they couldn't execute without one. You can use previous address to check credit files also for the CCJ you can check....

 

https://www.trustonline.org.uk/..there is a small fee

 

N244 is here...

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

As stated fee is £255 unless your exempt from court fees

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-160c-Court-Fees-are-you-exempt.-**Correct-as-at-April-2018**

 

I assume you now reside in Europe...are they likely to have any success with an attachment with your employers ?

 

 

Andy

[Liveabroad]

Unfortunately dont have proof they had my address.

 

I live in Italy,just winding up failed own business,so no they would not be able to claim from an employer.

 

Thanks for N244 info, on reading looks like I would have to appear which means returning to UK which would be cost prohibitive on top of the fee, is it likely they would waive this requirement...I dont want to start the process and not be able to complete?

Edited October 29, 2018 by Liveabroad

[dx100uk]

how about proof you were residing in Italy at the date of the CCJ?

typically that's a good reason too, but if you've proof it was statute barred anyway, that's all you need.

[Liveabroad]

Thanks dx100uk

 

Yes proving that would be no problem, but I am worried about the possibility of having to actually attend a hearing, as this would be difficult to go to U.K for. Would they take into consideration that I do not live there ?

[dx100uk]

you wont need to attend any hearing if you've proof its SB'd.

 

in fact we have seen fleecers remove the CCJ FOC when such information is proved to them in the past. even restons.

so have you proof it was statute barred at the time of the claim issuance?

[Liveabroad]

Fleecers?

Sorry to be dumb...but how can I prove it statute barred, is it not automatically after 6 years or do/did I have to do something?

[dx100uk]

the claimant..they fleeced you..

 

yes a debt is automatically SB'd after 6yrs of non payment/use or no signed letter from you admitting the debt...however

what you have is a backdoor CCJ, its called a roboclaim, its all automictic, NOTHING is checked by any human anywhere even the court..and it simply gets rubberstamped.

 

you will need written proof of SB status like a card statement,

now you could SAR MBNA, they have 30 days to comply though you being in Italy might extend that somewhat. that will get you everything MBNA hold on you.

or

you could ring them and ask for the last payment date, and if that's outside of 6yrs before the fleecers issued the claim then ask for that to be sent to you in WRITING>

 

at this stage eitherway you need this info, proof of living abroad at the claims issuance might get it set aside but you'll still need a defence for the debt itself.

 

however … you do realise there is nothing they can do to you anyway as you have no earnings to attach too, and if you are never returning within CCJ date +6yrs and hold no assets in the UK..pers I know what i'd do...IGNORE THEM.

[Liveabroad]

Thanks for the clarification dx10uk.

 

My only concern in ignoring, as does not affect me here, but continued contact to my relatives by Court, Restons, Arrow Global or whoever else may join the party!

 

I have been trying to get a copy of my credit file but using the address I last had, 8 1/2 years does not allow me to register.

So will try trustonline as suggested by Andyorch to find out when the CCJ was issued.

[dx100uk]

well lets see if we can get the info then revisit the situation.

none of those that you mention above have any legal powers and cannot do ANYTHING other than 'annoy' your relatives...in essence that's all DCA's can do anyway.!

court bailiffs have brains and will know you are not registered anywhere in the UK, and even so theres nowt that they can nor will do against anyone ohe than you directly or your UK assets...??? do you have any?

 

TOL will give you the CCJ number [unless you already know it then theres no point in using TOL at all really.]

 

if you have the CCJ number [alpha numeric] just ring northants bulk and ask for a copy of the CCJ and the claimform by email pdf

[Liveabroad]

Ok,

I found the CCJ through TOL,

it is dated 06/03/2013

that is 3 years since I moved from Uk.

 

Is that date relevant as far as getting statute barred or anything else for that matter.

Last contact I had with them to best of my recollection was 2010.

 

Should I wait to get a copy of claim form from Northants before contacting MBNA, and should I make any contact with Restons or Arrow?

 

Thank you..

[dx100uk]

if last payment was within 6yrs of 6/3/13 then the debt is NOT SB'd.

 

so the CCJ was attained whilst you wee not resident in the uk

but that only satisfies you by giving a reason to set the CCJ aside..

it still doesn't give you a defence for owing the debt as it was not SB.

 

pers i'd do nothing now ..go radio silent.

 

they cant harm you where you are

you have no uk assets?

so all and bugger anyone can do to you.

 

and in

 

the date makes sense now as to what they are doing as they needed to 'enforce' the CCJ within 6yrs...hence the useless AEO they've tried.

 

in summing up I would assume they know you have no uk assets , are not resident in the uk, and there was stuff all else they could try but an AEO.

 

poor restons..lost again...

[Liveabroad]

Really can't remember when last payment was dx.

 

I have no UK assets, and now I know the ccj was issued almost 6 years, I'll sit it out...

 

Thank you very much for your time and patience in explaining this all to me, I've learnt alot today.

[dx100uk]

suppose the bottom line is by the time you've tried to sort it out it'll be too late.

 

don't think there is any other way they could try to enforce this.

 

but certainly be aware you might get later letters where you are from god knows who in Italy thinking they can fleece you.

 

as far I know...not chance!! they just want free money to go away on holiday because bet your bottom dollar anyone that ries anything will pocket that money..you could apply that to those you've recently encountered too in the UK....:deadhorse::heh:

[Liveabroad]

Well apart from way back when I have some recollection of giving my address here, but they've failed to use since, not sure how they'd find me...

[AndyOrch]

Out of interest how much is this judgment....over..under 5K ?

[Liveabroad]

The judgement says it's 10,389. I cannot remember the original outstanding.

[AndyOrch]

So substantial...thats why they have the bit between their teeth...still if your not employed.....AoE a waste of their application fee....you reside abroad...so Bailiffs pointless...no UK asset's so they cant charge any property......forget it and ignore them.

 

 

Andy