Arrow/RestonsClaimform - Old Egg Loan - CCJ - Now AOE request

[dx100uk]

threads merged for history.

[barafear799]

Thanks DX.

 

Any advice on "settling CCJ" - since writing that post, I have been researching, and it does appear I might not have much hope of getting a reduced F&F settlement agreed.

[dx100uk]

not a chance with restons no.

horrible lot!!

shame you took over a year to comeback here , this could have been avoided had you come here sooner.

 

did you not complete the N245 process?

[barafear799]

I followed the advice previously to set up instalment plan - my problem was I didn't stick with it.

I guess you meant "not a chance" -

So if it hadn't been Restons I might have stood half a chance?

But basically, I need to continue to pay until it's all paid off including the dodgy charges and VAT and interest and all the other charges they dreamt up.

Or I could lose my job (which is a real possibility) and then I won't have anything to attach to.....and no possessions?

But I'm guessing Restons would not relent even in those circumstances.

N245? That's filling in my I&E and making an offer of repayment by instalments? Yes.

[dx100uk]

you were advised to go for an n245 from post 116 that way it would of been on a legal footing at an affordable level not negotiate directly with restons.

this is what has caused this issue.

 

not sure if you can do n245 now?

 

wait for andy to pop in.

[AndyOrch]

Not much else I can advise.....if you dont follow the advice previously offered.....they have their AOE now...you will have to run with it and hopefully remain gainfully employed.

 

 

Andy

[barafear799]

Just received a letter from Arrow Global. 

Informing me they are no longer represented by Restons and they will now be handled by their in house legal team.

I'm still on the AOE order - so cannot see how this affects me in any way.

In addition, in the letter, they stated they are in the process of "reviewing my defence" and will be in touch shortly.

 

I'm not sure if this is a mistake - just a standard template for cases that are "on hold" - or whether they intend to get my monthly AOE payment increased?

Is this something they can do?

 

Thanks

[AndyOrch]

Solicitor change is irrelevant to an Attachment of Earnings order...as for the rest of its contents it is probably just a template generated none sensical missive...why not upload it redacted ? 

[barafear799]

Bit of background story

- I did have another thread on here with reference to the original court claim and court hearing that I lost

- and a CCJ was recorded against me.

I didn't want to link to that case, as my question here is not directly related (at least I don't think so).

 

I had a CCJ in the order of more than £13k recorded against me about 2 years ago.

There was no way I could pay this quickly,

I agreed informally with the company (Arrow Global) to repay in instalments.

This was set at an amount of £120 per month (based on me completing a statement of earnings and expenditure and other debts I owed).

This was a "suspended AOE order". 

 

I repaid for a number of months

- but occasionally, my repayments were a few days late

- until one month my payment was seven days late and Arrow applied sucessfully for an full AOE order against me. 

 

£120 has been deducted from my salary for over a year

- I've never had a statement from Arrow

- no idea exactly what was left

- all I knew was that it was going to be a long time before I got rid of this. 

 

At no stage have I been asked for an updated Earnings/Expenditure statement.

And also at no stage has this CCJ appeared on my credit record.

 

I wasn't sure whether I'd "get away" with repaying for six years and then it would stop

- but a bit of research shows that although a CCJ may drop from my credit report after six years,

an AOE continues until repaid in full (or if I move jobs - but then I am obliged to tell the court this)

- I guess the only real way I could get out of repaying the whole amount would be to become unemployed or earn significantly less so that the minimum threshold to live on was breached by payment of any amount to cover this debt. 

 

I did notice that Arrow had conducted a credit serach on my file - around six months ago - I thought nothing of it

- apart from the legalities of whether companies could carry out credit checks without your express consent at that point in time

- I think it was a soft search so I didn't think anything of it. 

 

To cut to the chase: 

 

Out of the blue, I received a letter from Drydensfairfax solicitors.

 

The first paragraph of the letter states:

 

We are conscious that there is a lot of uncertainty at the moment due to the Covid 19 situation and with this in mind, our client has applied a more favourable discount to your account for your consideration to enable you to resolve this matter. 

 

and goes on to state that their client is prepared to accept the sum of £6800 (approx) in settlement to clear the account balance in a single payment or in instalments over a max of 90 days. (the current balance outstanding is around £11,300 - so discount appears to be 40%) 

 

This raises a couple of questions for me - to you guys on here.

 

Firstly, is this a communication error between their solicitors and Arrow

- and no knowledge of the judgement against me nor the current AOE repayment arrangement.

In other words, they are pretty much "guaranteed" repayment (unless I become unemployed) by way of AOE - so why offer a discount.

 

Secondly, is this a "trap" to confirm how much spare cash "I really have" available

- in an attempt to significantly increase my agreed (through the court) monthly AOE repayment?

Clearly, this would be linked to their credit search to determine my outstanding debts or any activity on my credit report. 

 

As it is, there is "no way" I could afford to take them up on their offer - but at a stretch, I could perhaps repay over a year - if they offered a 50% discount. 

 

what are my chances of responding with an offer of £5700 over 12 months (£475 per month)? 

 

Their letter also states that my credit record would be updated with "partial settlement" - but as this date doesn't currently appear on any of my credit files (Experian, Equifax or  Transunion) am I really that bothered by this?

 

If I contact them and mention the AOE or CCJ, they might just respond with "sorry for the mistake" 

 

They (Arrow or their previous solicitors) already made a mistake in the timeframe of the initial court case process - they offered me a 90% discount - swiftly followed by another letter two days letter stating they wanted "90% of the debt paid" (so only 10% discount!!). 

 

As it was, at the time, I couldn't afford to have accept their initial offer - plus I felt I had a reasonable chance of winning the case. 

 

Any guidance much appreciated.

 

 

 

[dx100uk]

merged with the existing Arrows CCJ Egg Loan Thread.

 

They can obv see you have no assets, that's why they did the search.

want to ensure they get the max income whilst the iron is still hot

 

 

 

 

 

[barafear799]

Ok thanks DX. 

But what's the aim in offering me a discount when they have the "surety" of an AOE?

 

Especially given your earlier comments about Restons? (Post 128)

 

I did a quick Google Search on Drydensfairfax and they are owned by Arrow Global - so I guess this is their "in house legal team"

Edited May 26, 2020 by barafear799

[AndyOrch]

Quote

Firstly, is this a communication error between their solicitors and Arrow

- and no knowledge of the judgement against me nor the current AOE repayment arrangement.

 

 

I would say yes.....

[barafear799]

3 minutes ago, Andyorch said:

 

 

I would say yes.....

 

Hmm....which makes any response fairly pointless? Unless I wanted to accept the offer in the letter?

[AndyOrch]

Well thats your decision...personally I would continue to pay them on the affordable drip feed.... 

[barafear799]

So, do you think I have much chance of a "counter-offer" of "50% discount and repay over 12 months"?

 

Do I have anything to lose? Will they think by making such an offer that I should be paying more on my AOE arrangement?

 

Also, isn't it a bit curious that the CCJ is not recorded on my credit record? Initially, I thought this was because six years of repayments would not have repaid all the debt, but now that I've read that AOE continues to be paid until all paid off (and not stopped after six years and CCJ dropping off credit record) I am a bit perplexed as to the reason why it isn't showing?

 

 

[AndyOrch]

Its a set rate on the AOE so its irrelevant to what you could pay.....If you wish to try to negotiate a discounted settlement offer go for it...but you will have to inform them of the current AOE arrangement to be able to suspend it.

 

There is no connection between CCJ showing on your credit files an the length of an AOE payment arrangement.

[barafear799]

Thanks Andy.

But, isn't it weird that the CCJ isn't showing on my credit file? Is this down to the court or Arrow to inform the CRAs?

Not that I want it on my credit record, I'm just confused it's not there.

 

I know it's a "set rate" on my AOE - but I didn't know whether it could be reviewed - because my income, expenditure or outstanding debts may change over time?

[dx100uk]

only the court can register CCJ judgements 

[barafear799]

So how come it's not been registered? Is this normal?

[AndyOrch]

Yes it can happen.....we have had a few over the years not showing...it may be a problem with the Registry Trust not informing the CRA,s....with regards to AOE ..there is no review unless your salary was to increase significantly.......like wise if it were to reduce.....so would your payments.

[barafear799]

thanks Andy

 

So it could just appear at any time if someone's catching up with paperwork!! 

 

In terms of my previous question then, do I have much to lose by making my offer for settlement?

 

Would Arrow be able to stop the AOE (even if full balance had not been paid)?

[AndyOrch]

Yes they have full control over the AOE and can suspend it at anytime...or you could leave it running and pay the additional amount agreed on your FFS......but getting them to agree and confirm in writing that it is in full and final settlement may be another matter.

[barafear799]

Their initial offer letter did state that they would mark it up as "Partial Settlement" - but as the debt or the CCJ is not currently showing on my credit file, I don't see that it makes much difference - although "items" do have a habit of suddenly appearing on credit files.

 

I'm guessing if I make an offer requesting "full and final settlement" I might not be so successful.

 

 

[AndyOrch]

Precisely..... "Partial Settlement" is not a FFS...and therefore a balance remains....your CRA should read " Satisfied" 

[barafear799]

Update>

 

I sent back a counter offer - basically, 50% discount (instead of 40% they offered), paid over 10 months (instead of max of 90 days) and asked for "Satisfied" instead of "Partial Settlement" - they went back to their clients (who happen to own them!!) and the answer was no on all three counts!!!