Arrows/Dryden +10yrs old CCJ - Creation Finance Adams Store Card - claim we agreed to up Payments

[coppernob]

Hoping someone knowledgeable can help me .

 

My partner has a CCJ for several years now, the court set the instalments at £30PCM that we have always paid in fact some months we overpay just to try and clear it quicker.

 

Quite a while ago we received a letter from Dryden Fairfax to advise the debt had been passed to them from Arrow Global and they would like the payments to increase to £50. We ignored this as its a CCJ , my way of thinking the payments can not be reviewed .

 

This month for the first time in ages only £30 was paid two days before the due date of the 28th April.  A letter was received dated the 7th May 2021 saying the payment due on the 28th April had been missed and we have failed to maintain the payments.

 

We rang Drydens who said in Feb 2020 we had agreed to increase the payments to £50 therefore £30 was not enough (even though at least two months of 2020 we only paid £30)

 

We are now worried as my partner is not currently working the outstanding balance is quite high can they claim the CCJ has been defaulted if the court agreed instalments have been maintained?

 

As you can imagine this has made us both very anxious.

 

[dx100uk]

being mugged blind.

 

the judge set the £PCM level no-one bar the judge can change that.

 

Drydens are ARRows so don't fall for their silly games.

 

whats the CCJ all about please

 

what was the debt and who was the original creditor?

who was the claimant and when was the CCJ attained?

did you defend the CCJ and file a defence or was it a backdoor default judgement to an old address he knew nothing about

 

 

dx

[coppernob]

Hi dx and thank you so much for replying:)

 

Original debt was an Adams store card we were paying for years way back

 

at least 10 years ago we fell into financial difficulties we asked to pay creations lower payments they agreed then a year later doubled the interest.

 

We stopped paying and went to the FCA 

my partner then received court papers through the door, I can not remember the year but this was quite a few years ago.

 

we believed the court case would not go ahead as we were contesting the balance -it still went to court and the balance doubled.

 

As we were going through quite a bit of stress at the time we just filled out the paperwork and were then sent the paperwork for the CCJ judgement of £30 pr mth we have never missed  a payment

 

Is it best to not overpay and just stick to £30?

Edited May 15, 2021 by coppernob

[dx100uk]

stop paying them.

 

they would have to return to court to do anything about getting more money out of you.

and then we can challenge and expose the whole scam that has gone on here.

 

i would suspect as like most adams cards of that era, it was changed to a credit card by Creation finance and you never agreed to that by signing a new agreement. that means the whole thing is void and unenforceable.

 

please don't be scared of a DCA or their pet solicitors.

there is really nothing they can do to you.

 

a DCA is not a BAILIFF

and have 

ZERO legal powers on ANY debt - no matter what it's type.

 

NEVER EVER ring a dca or their dogs again, simply state writing only and put the phone down.

 

since the judgement have you moved?

[coppernob]

Thanks so much for your advise it really is appreciated No still at the same address. My only worry is if we stopped paying the debt is now still over £10,000 and we have a mortgage with my partner not working at the moment that is a massive concern.

[dx100uk]

something is VERY wrong here there is no way thats after having paid +£3000 you still have £10k outstanding on a STORE card 

theres no way you could have spent £13k+ on children's clothing with an adams store card!

 

is been adjudged , you've paid for +10yrs, so it can't come back on files

they can't force a sale of any home

and cant use Attachments to Earnings...there are no PAYE earners.

 

sorry but something id very wrong here..to me you've been had blind from day one.

 

stop paying ignore them.

let then get it back inti court and we'll expose them as thats the only way they could do anything further

 

do you not have any paperwork about it all at all still?

 

they would have to return to court to do anything about getting more money out of you.

and then we can challenge and expose the whole scam that has gone on here.

 

a DCA is not a BAILIFF

and have 

ZERO legal powers on ANY debt - no matter what it's type.

 

NEVER EVER ring a dca or their dogs again, simply state writing only and put the phone down.

 

 

[coppernob]

Exactly that the final debt balance was £6000 or just under the rest were court costs. We did use to withdraw cash balances as you are correct it was a credit card too.

 

I have just found a letter from Dryden dated 20 March 2020 saying "Arrow wrote to you recently to inform you that they have acquired your account and this debt has been assigned to them from creation" this included an income and expenditure form that we ignored.

 

This has confused me as I thought the CCJ had always been with Arrow !!! I'll have to try and find the rest of the paper work now.

 

Creation are saying that our formal arrangement had expired and we need to make a new one - we ignored this at the time.

[dx100uk]

18 hours ago, coppernob said:

the court set the instalments at £30PCM

no-one can vary that and it doesn't 'expire' the court set it.

 

9 hours ago, coppernob said:

 the debt is now still over £10,000

 

15 minutes ago, coppernob said:

the final debt balance was £6000

 

 

[coppernob]

The final debt was around £6000 but doubled with court costs added

[dx100uk]

nope that can't happen.

even if it was fast track which was a £5k limit i believe then.

something smells here.

dx

 

[coppernob]

I would need to find the court paper work but the court costs doubled the balance .

[dx100uk]

not if there was only one hearing or if HFC did what they used to do, and thats get post judgemental interest on the judgement.

 

dx

 

[coppernob]

Right have found all the paperwork, the final balance was £7543.08 in April 2012 .

We refused to a pay due to high interest and high payments that we could not afford .

 

This then increased to £11876.50 when it went to court , costs were also added of £1937 in December 2014.

 

As we had been speaking to the FCA we did not realise it had still gone to court so our defence was struck out.

 

I have also found a letter from Creations dated 27 Nov 2014 where they had reduced the balance to £6686.18 which makes no sense as by then the court costs had been added.

 

Dryden were the original people we were paying as I have found their letter from December 2014 , so confused

[dx100uk]

scan it all up please one multipage pdf ONLY.

read our upload guide carefully

just remove any of YOUR details like name address ref no's etc.

leave all dates and figures 

everything you have please..

 

 

[coppernob]

So the letter from Drydens dated Decemeber 2014 has a " General form of judgement order "attached dated 12 November 2014. Really confused it may take a while for me to upload but will give it a go

Edited May 15, 2021 by coppernob

[dx100uk]

we know how to work it all out.

take your time.

 

dx

 

[dx100uk]

hidden

can you make those full sized to the page 

some are unreadable.

you also left the claim number on the order top right

have you your defence

have you yours and theirs witness statements?

[coppernob]

yes I have copies of the defence and witness statement. What I will do is sit down tomorrow and copy all documents to my phone first then transfer to PDF - it will be quite a hefty file though:)

 

I remember at the time just not being able to cope with it all so I just accepted the payments even though it looks like the right hand of creation didn't know what the left was doing and it looks  like that still the case today !

Again thank you your help and advise is really appreciated

 

[dx100uk]

good lets have the full sorry story.

have you not got a scanner ? page scans are much better than photos if poss

[coppernob]

3 minutes ago, dx100uk said:

good lets have the full sorry story.

have you not got a scanner ? page scans are much better than photos if poss

 No unfortunately only my phone but will get my son to help me send the file tomorrow.  I can't understand why they are acting as if its not a CCJ 

[dx100uk]

 

2 minutes ago, coppernob said:

I can't understand why they are acting as if its not a CCJ 

who?
 

[coppernob]

Drydens

[dx100uk]

if you mean what they said on the phone by trying to dupe you into paying more than the judge ordered £xxPCM, well thats what DCA's and their dogs do LIE ...always, there's never any variance from that rule ever as it's all they can do.

 

don't forget this debt has been sold by creation to Arrows, it's now nothing to do with them, they have written the debt off which speaks volumes upon how enforceable they thought the CCJ was in the 1st place.

 

 

 

[coppernob]

Creations also sent my partner a letter AFTER the CCJ had been requested wiping off some of the balance BUT this was never deducted from the balance.

I have tried to upload the files but not having much luck.

Edited May 16, 2021 by coppernob

[dx100uk]

make sure your PDF is lees than 4.8Mb's.

 

why wont it upload what is the error?

 

dx