Backdoor Arrows/Dryden CCJ + old Warrant - old Nationwide Credit Card Debt - prob already SB'd at Claim Date

[rnfrds10]

Happy Xmas guys.

These annoying people could of waited till after Xmas to respond

been stressing out over it again.  

 

I did an SAR to nationwide bank and it appears I sent them a without prejudice letter sometime in 2007, technically I acknowledged the debt at this point?

 

In the meantime I also wrote to the solicitors and ask them to set aside the judgement so I could defend it,

 

they wrote back to me saying that I was my responsibility to tell my creditors that I had moved even though the address they did the judgement too I have never lived at.

 

Not sure how you trace me to an address I have never lived at

especially when they have written to me at my old address before.

 

I am going to write back to the solicitors and say as I believe this debt has been statute barred since 2012 I didn’t think I needed to give my address as the debt was legally unenforceable.  

 

The only thing that could cause an issue is with this post (which I forgot I posted).

Just keeping you posted what’s going on

 

if you think I am doing wrong please let me know. 

 

 

[unclebulgaria67]

It may be the case that this debt never became statute barred at any time, because Payplan made payments keeping it alive.  

 

Your next step is to find out information from Payplan.  Under what instruction from you, did they enter into payment of this debt ? And also details of every payment they paid on your behalf.

 

You need all of the payment information and what written acknowledgements of the debt you made, to see whether it is worth setting aside the judgement.  The claim going to the wrong address would be one reason, but  it costs £255 to apply for set aside and you have to state why you do not owe the debt.  If you believe it was statute barred at the time they issued the Court claim, it would help, if you had some details to back up this assertion.

[rnfrds10]

Ok that payplan call is a good one.

All my debts that were with payplan were all acknowledged by me.

Whereas I gave payplan the details of my creditors.

 

The nationwide debt WAS NEVER part of that arrangement.

I don’t know how arrow got hold of my dmp details as that should be private between me and payplan.

 

How can a debt company add themselves to my debt management plan.

I would have to acknowledge it’s my debt otherwise anyone could add themselves.  

 

2007 was the last time I acknowledged the debt with a without prejudice letter. 

will ask payplan for details.

Will let you know.

 

Cheers 

[dx100uk]

you went wrong the minute you contacted drydens.

who said do that?

a letter in 2007 to NW is not acknowledgement

 

dx

 

[rnfrds10]

Now you have me worried I panicked and got worried that the 14 days was nearing its end and I had nothing to back up what I would be claiming

 

. In the letter I sent them  I asked if they would ‘set aside with consent’ as I wanted to defend against the claim. I didn’t admit to the debt or incriminate myself. 

[dx100uk]

1 hour ago, rnfrds10 said:

Now u gave me worried

eh?

 

please stop doing things without checking with us FIRST.

can we see all the letters in/out please since you were last here.

use one multipage PDF only.

read upload carefully!.

 

the address issue is somewhat immaterial , to me the debt was already SB'd at the time of the claimform issuance, so they should be setting this aside at no cost to you at all.

 

dx

 

[rnfrds10]

That should be “now you got me worried”  will upload tomorrow. 

[rnfrds10]

Solicitors response.pdf

 

Ok attached is my letter to the solicitors and the reply received. 

Letter to solicitors.pdf

[dx100uk]

i would be removing the ref no's up the side of their reply.

 

i can now see what you have done.

 

23 hours ago, dx100uk said:

the address issue is somewhat immaterial , to me the debt was already SB'd at the time of the claimform issuance, so they should be setting this aside at no cost to you at all.

 

the issue about setting this aside was not in relation to the address issue as stated above..

the setaside request to them, FOC to you, should have been made because the debt was already statute barred upon issuance of the original claimform from northants bulk.

 

 

[rnfrds10]

Oh so rather than say "can you set aside because of the address"

 

, i should of said "this should be set aside because the debt was s/b at the date of claim". 

 

My line of thinking was all messed up. 

 

 If/when they get in touch again is that what i should be saying.   

 

Of course their next step maybe the warrant, but what ever i get i will come here first.  

 

ps  i deleted the solicitors letter  i didn't reupload the solicitors letter cause i didn't save the adjusted one. 

[dx100uk]

no you DEMAND the judgement is set aside forthwith at no charge to yourself by mutual consent.

 

should they fail to action this with 28days you will be raising a set aside application without further notice and will not only be seeking the refund of the set aside fee but also financial compensation for the 2 yrs this had blackened your credit rating and subsequent credit interest rates. 

 

as for any willy waving about a warrant from a court bailiff, they would have to return to court for that to be even possibly granted. which again you'd gladly like to happen then you can explain how they purposefully used a fake address to gain a backdoor CCJ most probably already knowing it was statute barred but abused the bulk court services to do so as they know nothing is ever checked by any human being under that scheme.. we call it a roboclaim.

 

dx

 

[rnfrds10]

Hey Happy new year 

 

i have run  up a short letter to reply, let me know what you think.   

 

Thanks 

 

letter to solicitors.pdf

[dx100uk]

dont use ask DEMAND 

and its my credit rating...

 

pers i'd ditch the 1st sentence totally.

 

[rnfrds10]

Right sent.  Will let you know what happens.  Regardless of outcome, thanks for you help so far. 

[rnfrds10]

I thought it was to good to be true, they are saying my last payment was 8.18 in August 2012

 

legal action was taken on was instigated on that's around the same time I was talking about payplan adding them without my authority as a creditor. 

 

They included an income and expenditure form to send back in 20 days.   

It appears that in payplan accepting them as a creditor albeit briefly without my knowledge has screwed me over

[dx100uk]

what are you going on about

have you had a reply?

scan it up..

 

dx

 

[rnfrds10]

Sorry i just read what i wrote and had trouble understanding it.  Yep I got a response will upload later.   

 

reply from the solicitors. 

 

Also just to draw your attention to what I posted in August 2012 (link below), where I state that I defaulted on 30/05/2006 therefore 30/05/2012 is when it should of dropped off which it did. 

I was monitoring what was happening in terms of my creditfile.   

 

Also, I personally have not made any payments to them, this is where by Arrow without my knowledge had got hold of my debt management plan details and added themselves to it without my knowledge. 

 

 When I went into debt management this debt WAS NOT included so I had given Payplan a list of debtors that they could contact and deal with on my behalf but not this debt. 

 

I sill don't know how Arrow got my DMP details, or why Payplan did not ask me first as anyone could come along and say he owes this and that etc. Cheers Reply from Solicitors.pdf

 

[dx100uk]

i've merged threads for completeness of history

 

the debt was already Sb'd before it got in the hands of PP and they made a payment.

 

dx

 

[rnfrds10]

I should draft another letter?  

that i want to address the fact that it was statue barred when the payment was made, and also that Payplan had no right to make any payments to a creditor without going through me as this means they could just add anybody ,

I gave them the authority to deal with a list of creditors, Arrow was not on that list.  

 

also want to address how Arrow got details of my DMP, cause i am assuming that at my old address Arrow and payplan were sending correspondence and a resident may of sent details of my DMP to arrow by way of stopping them contacting the current resident after i moved out. 

Cheers 

[dx100uk]

the fact it was already SB'd makes any speculation about their involvement in the DMP and how totally irrelevant.

KISS

keep it simple stupid

[rnfrds10]

Got yah will do 

[rnfrds10]

I wrote to Payplan in the meantime and they said 

 

"Let me start by apologising for any issues caused by adding the Arrow account to your DMP in 2012 and rest assured we do understand the way you see this situation.

 

Please note that back in April 2012 we were informed by Arrow of several accounts that we were not dealing with for clients who had a DMP in place. As you may be aware we have a Data Protection Agreement between PayPlan and Creditors that allows disclosing information regarding account.

 

When we received the information from Arrow, that they were dealing with Nationwide account, and this debt was not included to your DMP - we called you on your mobile, however the number was not recognized and we tried your work number and unfortunately could not reach you there as well.

 

As we failed to contact you to discuss it further, as per the process that we had in place at that time – a letter was sent to you, advising of the same and in case we do not hear back from you: if we do not hear from you within seven days, we will assume that you do not have any issue with the above debt being added to your DMP so we will re-calculate payments to all your creditors in your DMP on your behalf and begin to distribute payments to the above creditor next month.

 

Kindly see letter enclosed for your future reference.

 

Account was added on 23.05.2012 and 3 payments of £8.18 were distributed to Arrow, until we received a call from yourself on 17.08.2012 advising that you are in fact disputing this debt. Account was taken off your plan with immediate effect.

 

x, hope this answers your question regarding why account was included to your DMP in 2012 and the same justification can be sent to Arrow Global if you would prefer so."

 

I am wondering if I now have a leg to stand on as the solicitors letter said the last payment was 16 August for £8.18 and therefore the payments would of been 16 June, 16 July and 16 August, but i believe the default date was 30 May 2006 and then ending 30 May 2012.

 

Untraced debt.pdf

[dx100uk]

makes no odds..

the debt was already statute barred by the time PP made payments

nothing can unbar a debt not even a judge....

 

not sure how many more times we need to state this in this thread...

[rnfrds10]

Sorry mate as you can tell I panic very easily. Will draft a letter stating that it was statute barred before any payments were made. 
cheers

[dx100uk]

Via Payplan

 

DX