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Backdoor Arrow/Drydens 2008 CCJ/CO - MBNA Card - , debt was already SB'd , **WON** set aside - Now being chased 12yrs later.!!


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Help with ccj/charge on home

Hi can someone help me pls

 

..I received a letter from land registry last week regarding an interim charging order over the property, it was from guildford CC

 

i had no idea what the hell this was about until i telephoned them..papers were sent from northhampton CC to guildford CC with a stamp "papers not served" then a CCJ had been lodged at Guildford in my name over an MBNA debt in july 2000!

 

It had been bought by Arrow Global llc.. they are in USA i have had no contact (phone/letters) ect from them no court papers.

 

.the ccj was added on the 17th Sept 2008 and the charging order straight after..

i have a hearing on 5th Dec 08

 

..i just dont know what to do.

.i have spoken to CAB i cant afford legal help, they say i have to have it moved to my local court and apply to have it "set aside" but i am so confused

 

, i have downloaded a N244 form is this the right thing to do?

what else can i do?

please advise with anything that will help me asap

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Just bumping your thread for a reply. Is the letter concerning the charge the first you've heard that you have a ccj. It sounds like they got a ccj by default because you didn't defend it.

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it is an old practice for some firms of "solicitors" and Debt collectors to serve papers for CCJs to previous addresses, then because you are unaware of the action, you are not able to defend against it, the court (who are completely unaware) will grant the CCJ by default.

 

Once a CCJ is in place, it is relatively simple for a DCA to state "they haven't paid" and to seek further enforcement against "the debt"

 

You and the courts have been done royally my friend, you need to mount a defence to the charging order and from there get the CCJ set aside as well, as quickly as possible and go for costs as well.

 

You refer to the date "July 2000" is this the date the debt was defaulted or when you ceased payments against it.

 

If you have not acknowledged the debt or made payment against the debt for a period of 6 years, then the debt is statute barred and as such completely unenforceable. This would be a defence against the Charging Order and indeed the CCJ.

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You need to get it transferred to your court and get it set aside. You need to see about getting the CCJ removed as well, as it was not served correctly- you need to find out what address it was served at and when.

 

Don't worry, people on here have been in the same or similar positions and have had positive results.

 

Sounds like a DCA may have been abusing the court process!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

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Hello all and thank you for replies..

 

I am at my wits end as we need to remortgage at the beginning of Feb 09. I have today faxed GCC to have it transfered to my local court and have confirmation that they got it..i also have downloaded the form N244 to have it set aside..but not sure what to put, just dont want to muck it up..sorry sounds stupid but i have no idea about any legal things. As for the credit card it was issued on 14th July 2000 got into trouble 2001, i asked for reduced payment they said no,they sent letters i ignored and so on, did not hear another thing until last week.

 

I have now got my credit file and it says....Started 14th July 2000..default balance £*,446...Current balance..£*,446...Defaulted on 30 May 2006 file updated..15 April 2007.

 

I have not acknowledged the debt or made any payments what so ever in the last 6 years.

As for the charging order it is an interim one and that is what started all this i received the CO, phoned them, they said CCJ, phoned the court and got all the details. I have now been sent a photo copy of the claim form. The CCJ was added on the 17th Sept 08 i was on holiday then, no papers before i went and none when i got back.

 

Can someone advise on what to put to have this set aside as a matter of urgency pls

 

thanks all

Edited by mandyjayne

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You can get the Charging Order set aside on the grounds that the debt is statute barred and that the CCJ should never have been allowed in the first place. It looks like they have steam rollered a statute barred debt through the courts making pretty damn sure that they weren't giving you a chance to defend it

Hope this helps

 

 

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If you feel that have been helpful please feel free to tip the scales.

 

 

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Yes agreed.Will move this to legal section.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thank you for reply..is getting the charging order set aside the same process as CCJ, N244 etc..and which one do you attack first! CCJ or CO?? ..i have just telephoned GCC and asked if i send the N244 to them or my local CC where the case is going to be moved to? only sent fax request this afternoon for moving. She said send it to local CC when you get notification it has been moved, is this to long to wait???? does it need to be done now at Guildford..does this look like i may have a chance to get this reversed? thank you so much for help so far

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I presume you've requested the hearing to be moved to your local court.

 

It won't take long for the local court to get back to you, normally within 7 days.

They'll send you a letter with a date for the hearing.

 

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yes i have requested a move to my local court..i have now filled out my N244 and emailed the land registry..with help from the CAB. What can i expect at the court hearing..do the DCA or their solicitors show up as well? What sort of documentation should i take..bearing in mind i have no letters etc from this DCA. any advise pls??? Yes the debt is statute barred so what are my chances of getting this reversed???

 

sorry..and do i need to try and get my original CCA from DCA i have not requested anything do i need to start sending letters etc to them requesting anything that would back this up..please advise on what ones ..if any? help please

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If you have made no acknowledgement or payment regarding this debt in the six years prior to the charging order, which was obtained over six years after the CCJ, you just need to make a statement to that effect to the court.

 

If the CCJ was obtained in 2000, did you have no knowledge of it?

And if the charging order was obtained in 2008, did the same company apply for both?

 

I think the "papers not served" stamp speaks for itself.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

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Hi emmafo1..no the credit card was issued in 2000, last payment by me 2001/2002 ...the ccj and co issued this year sept 08 and yes by the same dca

 

anyone help??

i have filled out my N244 to get the ccj set aside can anyone give me some help on adding to the n244 to make sure i say the right things.

 

.do i not need to request any docs from dca to take with me to the hearing when i get one.

. like original cca etc, at the moment all im sending to county court are N244 and fee they asked for is this right??? please advise

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So this is definitely statute barred! And you received no notification that the DCA was going for either.

 

I thought for a set aside, you needed to make a statement at the court under oath- I'm sure an expert will be along soon!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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hello..

 

Thanks Emma for reply..experts can anyone reply please..should i send anything to Arrow Global before i attend court? CCA request etc anything at all i should be doing now that will help my defence?

 

anyone help????

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Bump.

 

The only other thing I can recommend is reading through similar cases in the Legal Issues section to look for ideas- people often show a draft of their N244. Or PM a member of the site team, such as Ell-enn who seems to be knowledgeable about these matters. It might be worth asking for help.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi there, got your PM asking for help. I think the first thing you need to do is to send a Subject Access Request to Arrow (is there a UK address on the charging order form?). It needs to be sent by guaranteed next day delivery and enclose a postal order for £10.00. Do NOT sign the letter, just print your name. On the back of the postal order write "fee for Subject Access Request ONLY". Photocopy the back and front of the postal order and keep a copy of the letter.

 

The SAR requires them to send you details of all activity on the account and should show that no payments have been made within the 6 years.

 

Have you completed the N244 yet?

 

Kind Regards

 

Ell-enn

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Hi Ell-enn...thank you very much i will do that..shall i use letter from template section..i do not have account numbers etc to put on S.A.R as i have no paper work at all. Yes i have completed N244 sent by recorded del yesterday

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Hi there, yes - use the letter in the template section but make sure you read it through and adapt where necessary to suit your situation. Instead of the account number use the claim number and any reference numbers from the CCJ photocopy the court sent you.

 

Ell-enn

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Ell-enn...sorry should i CCA Arrow at the same time as the SAR or will i not need that??? if yes send it in the same way postal order etc..thanks

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No harm in sending for it - they won't have it of course....

 

What exactly does it say on the copy of the CCJ the court sent you - was it a General Form of Judgement or Order?

 

Ell-enn

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Ell-enn..it says...

 

Claiment Arrow Global LLC USA - claiments Solicitor Mortimer Clarke

 

By an agreement in writing between MBNA and the defendant dated 14th July 2000 (the agreement), MBNA agreed to issue the defendant with a credit card upon the t and c's set out therein. In breach of the agreement, the defendant has failed to make payments of not less than the minimum payment shown on the monthly statement. MBNA served a default notice on the defendant stating the sum due & requiring the defendant to pay the same. The defendant failed to pay and the agreement was terminated. The agreement was assigned to the claimant on 18th july 2006. The claimant therefore claims

1. £*,455.64

2. Interest at the rate pursuant to the agreement namely 0.00 & continuing until judgement or sooner payment at the daily rate of 0.00 or in the alternative interest pursuant to section 69 of the county courts act 1984. Also, interest at the rate pursuant to the agreement from the judgement date until payment.

Date of issue 28th Aug 2008

court fee £190.00

solicitors fee £100.00

Total £*,745.64

 

Judgement registration 17th sept 2008

Judgement for: plaintiff

Details of judgement order: Default

 

Variation order details:

28th oct 2008 N86 interim charding order

27th oct 2008 issue charging order refer to DJ

3rd oct 2008 transfer in (post judgement)

1st oct 2008 transfer out (post judgement)

17th sept 2008 N30 judgement by default

11th sept 2008 N* claim not served - not known at the address given

Court: Northhampton to Guildford.

Hearing: 5th Dec 2008

 

Thats it hope you can advise very worried thanks

Edited by mandyjayne
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Hi there, what did you put in Q.10 of the N244??

 

Hopefully you will get something back from your SAR before the hearing so you can produce a more detailed defence.

 

Ell-enn

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hi there..

 

i put..The debt is unenforceable because section 5 of the limitations act 1980 applies. Also the court papers were not properly served, if they had been i would have attended court to challenge the enforceability of this alleged debt. on my duplicate copy of the summons it shows it was sent from northampton cc to guildford cc and stamped papers not served.

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Hi, OK - lets wait until you get a hearing date and we'll do an up to date statement to take to court.

 

Ell-enn

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  • dx100uk changed the title to old MBNA 2000 CCJ/CO, being chased by Arrow/Drydens 20 years later.
  • dx100uk changed the title to Backdoor Arrow/Drydens 2008 CCJ/CO - MBNA Card - , debt was already SB'd , **WON** set aside - Now being chased 12yrs later.!!
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