Judgment for Claimant - Arrow Global

STAS

Back in 2009 I was served a statutory demand by Arrow Global who tried to recover a debt what was statute barred, the statutory demand was set aside. At the time, my credit history was find no CCJ recorded/issued against the debt.

Now two + years later Arrow Global is attempting to do the same thing, however this time they have applied to a different court (Northampton) and applied a judgment for claimant (in default). Because of this, I have had a CCJ recorded on my credit file.

I know these debit companies have some tricks up their sleeves, put can they do this.

Can anyone advise on my next course of action?

Thanks
STAS

jonesMUFCforever

Get the details from the court office - get copies of your credit files from the CRA'S.
Then ask the court officer for advice.
I think you will find that the CCJ will be removed if all you have posted is correct.
Claim back all of your expenses from Arrow Global.

Ben8282

Contact the court and ask for the judgement to be set aside as it is statute barred. That is sufficient defence in itself. Ask the courts advice re claiming compensation from Arrow Global.

nottoolate

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

boogiemaster

Post on here as I find these guys can tell you who to send off complaints to and help you get some serious compensation for damaging your credit rating and also hopefully get the company in big trouble and maybe loose their licence.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?163-Debt-Action-Group

STAS

Thanks for response guys.

I have spoken to court who advised that I should complete form N244 and return it to the court ASAP this has been done.

A week later I have received from the court a Notice of Transfer of Proceedings, which says that the claim has been transferred to my local court, the same court that set aside Arrow Global last attempt to collect on a statute barred debit.

Is there anything else I need to do at this point?

Thanks

chattychappy

STAS wrote: »

Now two + years later Arrow Global is attempting to do the same thing, however this time they have applied to a different court (Northampton) and applied a judgment for claimant (in default).

...

Can anyone advise on my next course of action?

So posters write about set aside... but then it seems you have applied already but didn't mention it. And it has been transferred to your local court:

STAS wrote: »

I have spoken to court who advised that I should complete form N244 and return it to the court ASAP this has been done.

A week later I have received from the court a Notice of Transfer of Proceedings, which says that the claim has been transferred to my local court,
Thanks

Generally claimants start the claim in their local court or at the bulk/online centre in Northampton. If it's defended it gets automatically transferred to your local court.

It's not clear to me if they have agreed to set aside.

Either way, you need to look at the particulars of claim to confirm that they are referring to the matter you think they are.

If indeed 6 years have passed then you can defend on the basis it is statute barred. Remember, during that time you cannot have "acknowledged" the debt, else the clock starts again.

If you have a good defence then set aside should be no issue.

STAS

Thanks Guys,

I defended the statutory demand back in 2009 on the basis it was statute barred, this was set aside.

Since 2009 I have not acknowledged this debit in anyway.

atrixblue.-MFR-.

STAS wrote: »

Thanks Guys,

I defended the statutory demand back in 2009 on the basis it was statute barred, this was set aside.

Since 2009 I have not acknowledged this debit in anyway.

and continue not to for the clock will start again and become recoverable if you do.

Ben8282

STAS wrote: »

Now two + years later Arrow Global is attempting to do the same thing, however this time they have applied to a different court (Northampton) and applied a judgment for claimant (in default). Because of this, I have had a CCJ recorded on my credit file.

I just want to point out that the words 'in default' as used in respect of a 'judgement in default' have nothing to do with the account being in default. A 'judgement in default' is a judgement granted to the claimant because you ignored the court correspondence and did not submit any defence.

I am wondering why you ignored the court correspondence and simply did not respond that a previous attempt by the claimant had already been set aside 3 years previously as the debt was already statute barred (i.e. the original default occurred prior to 2003 and had not been acknowledged since).

If you genuinely did not receive any court documents then this would be a factor in your favour although you would have to offer a convincing explanation; lost in the post probably wouldn't be enough.

What you need to do now is make sure that you enter a proper defence this time. Evidence that the debt was statute barred at the date of the judgement should be sufficient although it would probably be a good idea to obtain proper legal advice.

Once the latest judgement is set aside the CCJ will be removed. I assume the original default is long gone from your credit file?

Tixy

atrixblue.-MFR-. wrote: »

and continue not to for the clock will start again and become recoverable if you do.

Once a debt is statute barred then it remains statute barred. Nothing a debtor does after that point changes it - even if they make a payment towards the SB debt.