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Surprise Arrows/Restons CCJ for HSBC Debt

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Hi everyone,

I thought I'd come on here to get this off my chest (i.e. have a little whinge) and see what people here make of the situation I found myself in yesterday.

 

First, a little timeline:

 

April 2012 - May 2013 we (my wife and I) lived in Crewe

May 2013 - December 2013 we lived in Rugby

December 2013 - March 2019 we lived in Spain

March 2019 - Now we are back in the UK in private rented accomodation

 

We've decided to stay here in the UK so have been looking to buy a property rather than keep paying rent.

We arranged a "mortgage in principle" with TSB then off we went property hunting.

We found somewhere we liked, had an offer accepted and found ourselves a solicitor.

We then went down to the local TSB to do the mortgage application proper.

 

A couple of days later (yesterday in fact) TSB contacted me to say that I had a CCJ registered against me in September 2016 at the Crewe address for £555 and as such would not be prepared to offer us a mortgage.

We nearly fainted!

 

Off we went and signed up to Checkmyfile to see what was what and sure enough there is the offending CCJ which we new nothing about.

As far as we were aware, when we moved from Crewe everything was settled as far as outstanding debts were concerned, and we redirected our mail for 6 months to our new address in Rugby. At no time did we receive any payment demands from anyone and certainly no court documentation. Again when we left Rugby for Spain we settled everything before we went.

 

I'm at a loss to explain how I have incurred this CCJ, or more importantly a £555 debt without being aware of it.

I also find it difficult to believe that someone would wait almost 3 and a half years to register a claim in the courts against me at an old address.

Are people really that slow in doing these things?

Isn't there some kind of time limit?

 

I now have a case number so will be contacting the courts first thing Monday morning to try and find out who thinks I owe them money.

Could this be fraudulent activity, or some really slow debt collector?

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IIRC the time limit (statue barred) is six years, but even that's not a guarantee.  Someone could sue you for a debt from 50 years ago and they would still win by default if you didn't get the court papers and couldn't defend it.

 

Ring the court on Monday and get a PDF of the judgement sent to you.

 

Don't worry, you have an excellent change of applying for judgement to be set aside as you didn't get the court papers.  Indeed if it is a genuine debt you might be able to negotiate with the other party and get a set aside by consent.  Anyway, get on to the court then come back to us on Monday.


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golden rule

never run away from debt.

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Ok, I have a little more information.

 

I called Northampton court and they said the CCJ was registered by Arrow Global Ltd for a debt with HSBC from 14 July 2001.

The case had been transferred to Burnley as my address at the time was in Blackburn.

 

I called Burnley court and they confirmed the claimant and gave me a number for their solicitor, Restons.

They also said something about a notice being sent out to Arrow to ask if there was in fact anything owed.

They didn't receive a response.

 

They did say they had had some contact with the defendant, which definitely wasn't me.

The case is archived so I have had to email to ask for copies of any documents to be sent to me.

 

I called Restons and the automated system asked me to enter my reference number.

I did and it went a bit funny then gave me a message to contact Arrow directly.

 

I haven't done so yet.

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well don't ring Arrows nor restons for now.

 

interesting when they said it had been allocated

that means the defendant must have responded.

interesting.

 

I wonder if this is fraud or ID theft of some kind.

 

did you ever have financial dealings with HSBC?

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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They did say someone had contacted them in 2017 but it wasn't me - I was in Spain and oblivious to this.

Yes I did have dealings with HSBC. I had an account with them for many years and took out a mortgage with them in 2002/3 which ran until around 2008. So if I had any debt with them from 2001 they had 7 years or more to tell me about it!

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so poss turning out to be your debt then?. doesn't matter it was SB'd as no-one told the roboclaim system..no human checks anything

 

you had a bank account..did you also have a credit card or a loan as well?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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No, no credit card. I had a loan but that was cleared off many years ago.

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might pay you to start gathering info.

 

send hsbc an sar.

 

pers I would also recontact northants bulk and ask for the info they gave you on the phone inc a ccj judgement and claimform copy to be sent to you by an email pdf attachment.

 

dx

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I have just received this email from the courts in Burnley:

 

"Dear Mr Xxxxx

                           Due to them age of the file there is no paper work to send. The letter you received from ourselves was because we are destroying attachment of earnings files and have to give the parties chance to inform us  if the debt is still live.

The case relates to a debt Arrow, Global bought from HSBC, A/C NO - 999999/99999999, that goes back to 2001 and the claimant bought in 2014. If you think the debt is paid or wish to contest it you should apply to set judgment aside on form N244 which will unfortunately cost £ 255.00. You can also use form EX160 for help with the fees."

 

Not sure which letter they mean as I have received nothing.

Edited by Hola-Amigos

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It would have been sent to the judgment claimant ..Arrow..not the defendant.They may have applied for an AOE in the past....which failed.

 

Given that you are not being chased and the judgment falls away in 2 years...I personally would bide my time and put the mortgage on hold.

 

Andy 


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Or see what your HSBC sar returns

And if its proved sb'd at the time of claim issuance ...ask arrows to consent FOC to you a set aside?

 

Dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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