Arrow, Global, Unenforceable Agreements and Charging orders.

Plastic_Scouse_2

Hi

This is my first post and under a little stress at the moment, so apologies if I ramble.

Last year I received correspondence from Arrow Global relating to a debt that they had taken from Marlin. The letter advised that they were going for a judgement (claim form etc). Judgement was granted in default despite that forms being returned (apparently never received - and stupidly not sent recorded delivery). Next action was charging order via Mortimer Clarke. Spoke with Mortimer Clarke and explained my (struggling) circumstances and was asdvised that I didn't need to do anything, the CO was to protect the creditor and they never normally look to force a sale. Decided to speak to some people and requested that the CO hearing be moved to my local court in order that I could appear. At the same time I submitted a request for the original agreement and notice of assignment from Arrow. This request was acknowledged (if a little late) as being in hand at Arrow. In due course I issued the deafult notice on this request, giving them the appropriate time to respond. Still Nothing. Charging Order was made final despite my previous requests/correspondence. I then issued a final letter advising Arrow Global of the failure to supply despite more than sufficient timescales and legal obligations and asked that they correct all action taken including CO as the agreement could not be produced for enforcement. Received a letter stating that my request had been passed to Marlin to chase.......nothing since. From the courts I have received a letter stating that the hearing was "now vacated by Judge xxxx".

This weekend I received a letter from Mortimer Clarke stating that their Client is minded to instruct us (MC) to commence proceedings to enforce the CO. Spoke with MC who advised that the SAR request does not apply if a contract is defaulted.

Questions:

1) Is this so(?), surely a contract is a contract and as such the fact that the contract is unenforceable overides any additional/further action.
2) What else can I do. I have been made redundant twice in the last 5 years and my business is failing due to a sudden lack of Customers.

I appreciate all help.

Many thanks - Plastic Scouse

RAS

Hi

You need to talk urgently to one of the debt charities.

http://www.moneysavingexpert.com/loans/debt-help-plan#help

I think that once court action starts the CCa request is not relevant but you can make another type of request (CPR?).

PM 10past6 as s/he will advise.

10past6

Plastic_Scouse wrote: »

Judgement was granted in default despite that forms being returned

What forms did you return?

Plastic_Scouse wrote: »

Spoke with Mortimer Clarke and was asdvised that I didn't need to do anything

Of course not, they didn't want you submitting a defence.

Plastic_Scouse wrote: »

I submitted a request for the original agreement and notice of assignment from Arrow.

Do you have confirm of your request, and there acknowledgement?

Plastic_Scouse wrote: »

Charging Order was made final

The above does not make sense with this!!

Plastic_Scouse wrote: »

This weekend I received a letter to enforce the CO

Can you elaborate please?

downonthefarm_2

Sounds as if this was an interim charging order being made final. I assume that's what he means by "Charging Order was made final". The last part - "This weekend I received a letter to enforce the CO" - either means that because no payment is still being made, they will seek to enforce further means (AOE, Warrant of Execution, or whichever) or through an Order Of Sale (which would, I have to say, be unlikely).

Once a CCJ has been issued, a CCA request cannot be used to prove "enforceability" of the debt, because the debt has already been enforced. A CCJ trumps the lack of a CCA, in other words. I would suggest sending them a financial statement with a token offer of payment.