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

[rnfrds10]

Hi Guys,

 

this stunned me and you will understand why,

 

I had a debt of £6500 that i defaulted on 30/05/2006,

 

I moved around and as such lost contact

forgot about this but I kinder knew it was there.

 

It was showing on my credit file that Arrow Global had taken the debt from Nationwide.

 

Ok now this dropped off in May 2012 and no longer appears on my credit file.

 

Now I have an ongoing Debt Management Plan with Payplan and for the first time in years I checked it.

Now it occurs to me that payplan started paying Arrow in June 2012 and I think contact was made in May 2012.

 

Now heres the thing I never once told Payplan about this debt as you are not meant to get in more debt when you are in a debt plan.

 

I have not had any contact with Arrow, well ever, not spoken to anyone or acknowledged the debt.

 

I am wondering how Payplan was able to set up an agreement with Arrow without my say so or acknowledge of this debt to payplan or even arrow.

 

My debt had become statute barred

has payplan lumbered me with the debt.

 

I just found out now and will call tomorrow,

 

but would like to know where i stand please.

 

cheers

[rnfrds10]

Hey I have rung them up and they have cancelled payments, apparently Payplan added them as a creditor because they were chasing payment.

 

I am hoping that I do not have this debt by proxy of payplan paying them payments after being S/B. After all I did not acknowledge the debt from Global or to Payplan. Fingers Crossed.

[rnfrds10]

Hey the above company are working on behalf of Arrow.   

They say a judgement was made against me under claim number xxxxxxx on 13/06/2017.   

Consequently, our client instructed us to issue a warrant of control against me and this was issued on 25/01/2020 at a previous address. 

 

Firstly i believe this debt to be statute barred

secondly the judgement they refer to would that be a county court judgement  as i have looked at my credit file and none are reporting any judgement which i presumed if it was done in 2017 would of showed up by now. 

 

I also read that for a warrant of control you need a county court judgement, do you think they are fishing. 

 

Cheers guys. 

[rnfrds10]

No i think its a credit card debt, also just checked my credit file and i use checkmyfile which has equifax, experian, Transunion and Crediva none of them are reporting a CCJ

 

my old addresses are linked including my current and my previous where they say a warrant of control was issued. 

Edited January 31, 2021 by dx100uk

[rnfrds10]

I tried using the MCOL but because I didn't receive a pack i didn't have the password. 

 

 i went to here https://www.trustonline.org.uk/ and put in that claim number, it appears i do have a judgement on here from C O U N T Y C O U R T B U S I N E S S C E N T R E for me at an address that isnt mine.   

 

;-( i believe this debt is statute barred though so i am confused about court action. 

[rnfrds10]

ah got yah, i paid a £5 and got a copy of the judgement.  It was served to an address that wasnt mine i am at say 50 and the address it went to is at say 102 on the same road.

[rnfrds10]

ok, i just clicked that link on your above post. will call up. 

[rnfrds10]

Hey, so to follow up on this, i called up the County Court Business Centre CC, and they said my case had been transferred to Bromley County court.   I emailed Bromley CC  as trying to phone them was a nightmare.   They said the following today via email:  

 

"Dear Sir,

 

I have spoken to the Customer Services Manager regarding this matter.

 

We are unable to provide you with copies of the claim form or the Judgement because the original application was made online to the County Court Business Centre whose systems we do not have access to, and the Judgement was made by default due to you not replying to the original claim form.

 

The particulars of the claim state that the original debt was incurred on a credit agreement held between you and Nationwide under account number xxxxxxxxxxxxxxxxx. You may wish to contact the Claimant’s solicitor, Drydens Limited, for further details on 0113 8233377. Their reference for this case is xxxxxx." 

 

 

This is the debt i believed was statute barred.  Should I forward on the email to the Couny Court Business Centre.    I dont really want to call the solicitors cause i know that i should avoid admitting liablity to not restart the 6 year thingy. 

 

Cheers 

Lee 

 

Edited November 9, 2020 by rnfrds10
Update words

[rnfrds10]

Yep credit card, I just wonder if they will say talk to arrow as this maybe over 10 years old, but i still know my old address where this card was at will give a try tomorrow. ta

[rnfrds10]

No, the payments would of come from another bank that I don’t have anymore.  

I am 100% certain haven’t made any payments in more than 6 years.

 

I was always checking my credit file back in the day to watch when it dropped off.   

if I remember correctly it became 6 years from date of default sometime in 2015.

 

My last payment would of been before 2009 as a pre default payment, cause I think once I defaulted I didn’t pay as couldn’t deal with what I got myself into as you do when you are younger.

Will try NW though. 

[rnfrds10]

Thanks for you help so far mate its appreciated. 

I have also forwarded the email i received back to the business centre in order to try get the claim documents. 

 

 In the meantime I will call the bank but I am thinking they will say the debt is with Arrow (as its been so long),  do i have to ask the Arrow/solictors for any details as well ? 

 

Is there anything i can send to them to get the information from them that I need to prove no payments have been made to them either.   

 

I am just worried that as i haven't heard from these people in years that i don't have evidence at my disposal and i know that when you send a statute barred letter the onus is on them prove it.

 

Also i am conscious that I received the letter on 31st and they say 14 days bailiffs if they dont hear from them

, should i say i am going to contest this as a kind of holding thing.

 

i suppose that could be combined with the above if i am sending them a letter of some sorts. 

Sorry for the waffle sometimes this is doing my head in, easily stressed. 

[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. 

 

 

[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 

[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. 

[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

[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. 

[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

[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

[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

 

[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 

[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

[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