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

[mandyjayne]

Hi...hope some people are still subscribed to my thread...this is the judgment order i received today...

 

Before Deputy District judge Cross sitting at the ***** county court

 

upon hearing the solicitor for the claimant and the defendant in person

 

it is ordered that...

 

1. having failed to comply with paragraph (1) of the order dated 28th April 2009 the claim is stuck out.

 

2. The defendants application dated the 5th oct 2009 is dismissed. (this was my application to strike out)

 

Does this order leave it open for them to re-instate? can i apply on n244 to make it final in anyway??

 

thanks MJ:)

[the_shadow]

Hi...hope some people are still subscribed to my thread...this is the judgment order i received today...

 

Before Deputy District judge Cross sitting at the ***** county court

 

upon hearing the solicitor for the claimant and the defendant in person

 

it is ordered that...

 

1. having failed to comply with paragraph (1) of the order dated 28th April 2009 the claim is stuck out.

 

2. The defendants application dated the 5th oct 2009 is dismissed. (this was my application to strike out)

 

Does this order leave it open for them to re-instate? can i apply on n244 to make it final in anyway??

 

thanks MJ:)

 

Hi MJ,

 

the judge has struck the case out, thats it now unless they apply to set the order aside which they have the right to do. But if they did apply they no doubt would have to comply with the order they didnt in the past and hopefully they are unable to do this.

 

This is as final as it gets I'm afraid. The longer they leave it to apply to set aside the harder it will be for them do to get the judge to agree imho.

 

S.

[Mydogsawestie]

hi mandyjayne, can't believe how quick you got to hear your outcome from 5th Oct....still waiting on mine from July! may give the court another call next week, last time I rang on 11th Sept seems the claimants MBNA had been enquiring too! Guess its them who really need to want to have things rolling more than me tho

 

Good to see your result in writing, lets hope this is the last of it now for you as you've been on some right rollercoasters on the way!

[mandyjayne]

Hi people..long time no post!

 

I received a "uk mail" letter today with regard to this struck out court case

. Can people give me their thoughts and let me know what may now happen.

 

Arrow Global llc who originally owned this and tried for a charging order were struck out ( see above) they have now assigned it to Arrow Global Gurnsey ltd!

 

it's got the court case claim number on it and says "we advise you that Arrow Global llc has assigned all of it's respective rights title and interest in respect of the above ref account (including the right to receive payment) to Arrow Global Gurnsey.

 

Please note that all current arrangements in respect of such account shall remain in place and you should direct any queries to: Mortimer Clarke etc

Are we likely to see round two of this????

 

Mj

[maroondevo52]

Thread moved back to Legal Issues Forum.

[mandyjayne]

Bump:)

[summerbreeze]

Dont know if it helps but I have had the same / similar letter and the company who were collecting on behalf of A G gave up long ago when they couldnt produce any proof of the alleged debt . On my letter it says to carry on with payments to the collecting company ...sure I will !

This alleged debt never went near a court and I havn't heard a dicky bird for almost two years. I think this must be an admin thing and they will write to everyone on their database with details of this NOA to cover themselves.

[mandyjayne]

Summer...thank you! I was thinking it's something and nothing! It was struck out a good while ago now and my thinking is they would have had to do something way before now not a couple of years down the line!

Thanks again

Mj:)

[pt2537]

If the case was struck out, then they may, i stresss may be able to resurrect the case, for example they may apply for relief from sanctions under CPR 3.9

 

I accept it is a long shot, but get the wrong judge on the wrong day who considers it is equitable to allow them to proceed with this and its all happening again

 

Id play this very very tactical and the slightest sniff of trying to apply id be filing a witness statement in opposition

[mandyjayne]

Hi pt... Thanks for the heads up! Can they do this after leaving it so long (oct 09)

Mj

[pt2537]

That really would come down to two things

 

1) the judge

 

2) your submissions against and the case law you find as a result of your research

[mandyjayne]

(1)On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including –

 

(a)the interests of the administration of justice;

 

(b)whether the application for relief has been made promptly;

 

©whether the failure to comply was intentional;

 

(d)whether there is a good explanation for the failure;

 

(e)the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant preaction protocol(GL);

 

(f)whether the failure to comply was caused by the party or his legal representative;

 

(g)whether the trial date or the likely trial date can still be met if relief is granted;

 

(h)the effect which the failure to comply had on each party; and

 

(i)the effect which the granting of relief would have on each party.

 

(2)An application for relief must be supported by evidence.

[summerbreeze]

Mandyjane

Take a look at the threads regarding Arrow G there seems to be a lot of these letters being delivered

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?323-Arrow-Global-Fredricksons-Bryan-Carter

[mandyjayne]

Blimey! Thanks again interesting reading!!!

mj

[mandyjayne]

Hi it’s been a while since I’ve posted.

long story short.

i reclaimed PPI through a company MBNA paid out £200 as they had Mis sold

i had a £6000 debt 20 years ago with them that they couldn’t chase due to the help from you guys and never heard from them again 
Today received a letter from a debt company now chasing again have I opened up a terrible can of worms here? 
thanks MJ 

[dx100uk]

No..that cant reset sb date

 

is this that mbna card arrows tried to get a CO on after they got that backdoor CCJ??

[mandyjayne]

Dx thanks for the reply so do i ignore any future letters they are having a laugh! 20 years? I went to court and won with 3 cards can’t even remember which three it was 12 years ago may even have been this one  yes I did get a CO removed and the ccj removed

edit! I’ve just found my old posts it was struck out! Been so long since I’ve been on here forget my way around! 
thanks MJ
 

 

Edited August 21, 2020 by mandyjayne

[dx100uk]

old and new threads merged for history

 

so who's this dca chasing you?

 

dx

 

[mandyjayne]

Arrow again but informing me they have transferred the debt to fairfax solicitors  

[dx100uk]

stuff and all they can do.

 

when...disregarding the ppi refund totally - did you last pay anyone anything toward the debt>

 

dx

[mandyjayne]

No. Never

[dx100uk]

if you've not paid in more than 6yrs then send them our SB letter from the debt collection library.

they can't hold any judgement on you, which would have stopped the SB clock, cause you successfully fought off to the SD and got the CCJ /CO set aside.

 

the letter probably doesnt say WILL anything and is just them trying to fund their staff holidays with free money from mugs that think a DCA is a bailiff and wet themslves.

 

dx

 

[mandyjayne]

thanks DX I’ll keep you  posted

[dx100uk]

hidden

 

you MUST redact things!!

 

and PDF only please.

 

read our upload <<clickme  guide carefully

 

dx

 

[mandyjayne]

Ahh so sorry was in a rush posted and ran! 
I have no hope of loading this pdf or other so I’ll just explain 

drydensfairfax financial statement letter

they start by saying their client holds a ccj over your property? They don’t! 
fill out the expenditure blah blah 

they are obviously not going to leave this so I need to get rid of them 

SB letter now from the library? 
when this went to court and was struck out would I have received paperwork from the court stating that? 
thanks MJ