backdoor Arrow/dryden ccj on old debt

[getstraight]

Hi I split from my wife in may 2010.  I returned to my parents house for the next 5 years.

 

Just prior to this had entered a debt management plan  for several unsecured loans and credit cards(we split them at the time of separation).,  Which about a year or so later I realised the debt management was taking advantage.

 

My credit had defaults for these.  I managed to save up some money and contacted them all at the same time making them an offer to settle that was more than a debit management company and I copied everyone the same documents so they could see I was been fair.

 

I didn't receive a response to these and I carried on with my life.  I would get the occasional letter saying this debt has now been taken over by.

 

I built back up purchased a house and ran things financially very carefully.

 

 

 

I recently moved home and popped back to collect some post yesterday.  

 

In June a solicitor had posted a letter about been taken to court and july  letter from the court saying I have cjj for over 7K and sure enough my Credit file has a ccj on it.

 

However non of the debts show as so old.

 

Have all rights to appeal gone?  

 

This debt is over 9 years old unsecured and wasn't with a debt company isn't this statute barred?

 

I hate the fact that my credit file is ruined after all this time.

 

very worried a baliff is going to turn up at my old house and even more so here.  As my wife (to be we are getting married start September)  has had issues from her deceased husband financial dealings.

 

The CJJ is basically saying I have 2 weeks to pay in full as it has sat at my old house for a fortnight and the other letters well over that, I can't get a loan to pay with the cjj on my file.  

 

 

 

I had documention of everything relating back to 2010 and the letters I wrote offering to settle, however I destroyed in the summer as felt was in the past and was looking forward not behind.

 

 

 

All advice  greatly recevied

[AndyOrch]

So who got the CCJ.....name please ?

 

Thread moved to Financial Legal Issues Forum .

 

Andy

[getstraight]

I have the ccj and its from drydensfairfax solicitors on behalf of arrow global Guernsey limited.

 

thanks

[dx100uk]

and the debt was?

 

[getstraight]

hi its

6542.55 debt

 540.00 court

7082.55 total

[AndyOrch]

Type of debt ...overdraft/ loan/ credit card/ mobile ?

[getstraight]

I believe it's originally a loan, it could be a credit card it's that long ago I can't bee 100%

 

thanks

 

[AndyOrch]

So no response pack ...a warning from a Solicitor then Notice of Judgment...both sent to previous address.

 

If you had received a court claim and response pack....could you have defended it ?

If not then there is little point setting it aside with a fee of £255...then not having a defence to submit.

 

Your option now assuming you are happy to pay it is to vary the forthwith judgment to monthly affordable payments..use form N245 the fee is £50

 

 https://www.consumeractiongroup.co.uk/topic/347309-legal-n245-application-for-suspensionvary-an-order-correct-as-at-feb-2017/

 

Andy

 

[getstraight]

I have a letter dated the 6th june informing me that global has transferred it to the solicitor. and county court claim has been issued against me.

 

I have a response pack.  All my paperwork for the time is gone.  literally in June I had a massive sort of all my paperwork,  my defence would have been that its that old and the debt isn't with them.  I may have asked for a copy all the documents they have referring the matter and seeing anything in there.

I thought this is statute barred after the 6 years?

 

If I move to monthly payments will this remove the ccj?

 

its all the work and something from well before your current credit history ruins it.  I don't need a loan now.  But in a few years time?

 

I could understand a ccj at the time but all this time.

[AndyOrch]

So you did receive the claim ...that makes a difference...just didn't bother responding hence the default judgment.

 

Only statute barred if it was a clear 6 years with no payment or acknowledgment before the claim was issued.You state that you carried making payments to a DMP...so I doubt it was statute barred before the issuance of the claim.

 

Varying the payment will not stop it being registered.....only full payment by the date stated will stop that....but it will make it affordable and stop any further execution ...Bailiffs. 

[getstraight]

yes the 6th june but I collected it yesterday with everything how does it make a difference anything I can do now?

 

I paid DMP for a year I imagine summer 2011?

 

clicked on the link but it appears broken

thanks

[brassnecked]

If it was last paid 2011, you could have responded to claim pack with the SB defence and the claim would have died, it's always important to keep creditors updated with addresses to avoid a backdoor CCJ on a SB debt.  Not sure if saying was SB even if it was would gain a Set Aside, that costs £255. Others will know more.

[dx100uk]

if the debt was already SB'd by the time of claimform issuance

go ring the solicitors

tell then you want them to set it aside FOC to you

[AndyOrch]

The difference is that one was actually sent....previous address known is deemed as good service..the fact you only collected it in  August is irrelevant ..legally.

 

The claim was issued 6th June 2019......you had made payments up until summer 2011..therefore it was already statute barred.....now you have a defence. 

 

Gov site HMCT is down at the moment hence the broken link.

 

 

[getstraight]

you say defence you mean go to a solicitor?

 

or can I contact the court direct?  If I can defend myself and delay when the ccj should be paid ie2 weeks.  I would be interested.  

 

I am worried that if I do start this I will still get a bailiff visit in a few weeks.  Don't want my new wife to have the hassle from my past.

[AndyOrch]

NO ...you dont need a Solicitor...you can set a side a judgment if their was an error...in this case the error being it was already statued barred before the claim was issued. 

 

To set a side you can either submit an N244...application notice and request it be set a side on the above grounds...the fee is £255...or

You can ring rent a sols named in the letter above...drydensfairfax solicitors...inform them whats been advised here and the fact it was already statute barred before issuance and that you request that they set it aside at their cost...otherwise you will and claim costs.

 

N244 link is here.....if you need it....but ring the Sols first and see if they will agree to set a side by consent.

 

 

https://www.gov.uk/government/publications/form-n244-application-notice

 

[London1971]

Isn't he better off ringing up to find out the last payment date first?

[getstraight]

who can I ring for  last payment date?

 

When I ring the solicitors I imagine it will be a secretary/admin person how do I ensure if they say yes we will.  That they do and they carry it out? just imagine that it's sorted and then another letter

[dx100uk]

get it sent to you in a letter.

[AndyOrch]

" I paid DMP for a year I imagine summer 2011? "

 

If that was your last payment thats over  8 years ago..claim was issued June 2019

[getstraight]

Just wondered if I could check some how so it was beyond doubt.

[AndyOrch]

Ring the original creditor who sold it to Arrow and ask...you have yet to tell us the OC

[getstraight]

my credit file is empty all the way back to January 2013 regarding previous debts no default markers or payments

 

I think the oc is Lloyds but I don't have that info

[AndyOrch]

Does the Court letter informing of the judgment have a claim number ?.....If so ring MCOL Northampton and ask for a copy of the particulars of claim.

 

It was only issued 6th June this year so they will have retained copies.

[getstraight]

thank you very much I will get on it.

 

I appreciate all's time and effort thank you