CCJ judgement?

lostmyway123

hi everyone, i hope this is the right thread, and sorry for the long post

i hope someone is able to help and give me a bit of advice, i suppose i kind of knew this was coming all along but was hoping that i could starve it off, but its all got too much to handle and i want to start getting things sorted.

the thing that has started it all off:

i received at the beginning of august a claim form offical looking from a county court for a set amount of money against me, but i have never heard of the company before- arrow global?

i have been in probelms with money ever since i was unable to work, probably the usually story but i took out too much money or was offered too much money either way i took it and all was fine when i was working and on a wage but since getting ill a few years ago (i had cancer treatment) they started to spiral. I dont have a mortgage or a car and rent my flat so all the money was on cards in the past. I admit i got to the point of not opening the letters and unplugging the phone to stop the calls. I know i have to start to do something lately as i cant stand them hanging over my head, but at present i am still unable to work so any money i would be paying towards the debt would be £10 here and £10 there but i thought something is better than nothing. I am ashamed to admit none of the debt is live any more, all of it has been passed onto solictors and debt collection agencies, so at the moment with the exception of this one (arrow global) they are all for set amounts and arent getting any bigger.

now when i received the arrow global county court claim form i was very scared but still couldnt figure out who the debt was for? i went to money claim online and responded with an acknoledgement of service hoping for some more time, i got myself together and wrote a letter to the solictors asking for them to tell me who arrow global was- if i have taken out debt with them i was going to ask them to accept some sort of reduced payments untill it was paid off (with court fees comes to £364) i sent it recorded but i have still to hear back from them. However i have gone onto moneyclaim tonight and the most recent entry says judgement, ive checked the timescales and its been over 28 days since the date of service so i assume that is why they have put judgement in.

sorry for still rambling...

so my original debt was for £299 with court fees £364 do you think it might be worth it sending a n244 set aside judgement form into the court as i have still to hear back from the solictors to what compnay arrow global is? ive never taken out any sort of money through an arrow global but not sure if they go by any other name? if it was a company i knew i would have admitted it and asked for reduced payments.

but the set aside judgement costs £80 to set up, im not on income releated benefit so dont think i would qualify for court fee to be waived, is it worth doing that to add another £80 on which if im honest i cant really afford £80 at the moment.

or would it be better to just wait for the judgement letters to come through now hoping that i can make an offer of payment or is that too late? or even extreme asking a family memeber to pay off the 364.00- but the thought of that terrifies me at the moment within a month to stop it showing on my credit record? (my credit record is bad but this would be my first ccj)

i know in regards to my other debt i need to work out a plan but for this most pressing one- the arrow global does anyone have any advice or been through the process before?

thanks in advance for any help.

lostmyway123

just giving a bump to see if anyone has any help and advice.

happy_bunny_2

Arrow global are a debt collectors I think so obviously bought one of your cards or loans.

Can you find out details of the debt from the judgement? Do they still have your address (have you moved?)

No expert on this.

DVardysShadow

Your mistake was to write to the solicitor with a vague offer - without even being sure what the debt was about and not to communicate with the court. Basically, if you do not involve the court in establishing what the debt was for and making offers, the solicitor is not going to help you - certainly they are going to avoid sharing your correspondence with the court - they are just going to use it as an opportunity to screw you with a ccj.

Now you have the ccj, there is not a lot you can argue about, you just have to pay it.

Not much consolation for you, but hopefully it will help others to learn the lesson to come her for help when the claim arrives and not leave it till after the ccj is awarded against you.

holly_hobby

Ok well firstly, you need to go the specialist debt forum to obtain advice from suitably qualified or experienced posters - but I will help with the knowledge I have (although I am not a debt counsellor or consumer credit solicitor !)

lostmyway123 wrote: »

now when i received the arrow global county court claim form i was very scared but still couldnt figure out who the debt was for? i went to money claim online and responded with an acknoledgement of service hoping for some more time,

The AOS gave you 28 days from then to submit a defence, contact the claimant to arrange repayment/negotiate a solution - whereby they could stay the claim (not great but better than nothing until you got upto speed), or the best solution for they to advise the court of a discontinuance of claim.

The court can not mediate or stay/discontinue the claim without the cliamants advice or failure to adhere to the court procedure rules (CPRs), or indeed really give you any details, other than the Particulars of Claim (POC) displayed on the claim recd (as thats all the claimant has divulged to them). So, you were correct to write to the solicitors under RD for later court submission, BUT you should have chased this when you recd no reply, certainly as the 28 defence timeframe was closing in. Also as I say there are various CPRs that as part of the claim process, you can seek the claimant to satisfy, of which their failure/refusal to do so would support your subsequent defence/stike out application.

It may be possible to have the CCJ set aside (depending on a whole host of things), but it would have been so much easier to seek a discontinuance or a defence it in the first place .... however we are where we are with this......

lostmyway123 wrote: »

i got myself together and wrote a letter to the solictors asking for them to tell me who arrow global was- if i have taken out debt with them i was going to ask them to accept some sort of reduced payments untill it was paid off (with court fees comes to £364) i sent it recorded but i have still to hear back from them.

Why the hell didn't you chase this within the 28 days, or submit a defence based on the fact that you held no debt with the cliamant (AG are a debt purchasing company, so I am presuming this was purchased by them, with they already having provided you with a notice of assignment from both the DCA and original creditor ?)

lostmyway123 wrote: »

However i have gone onto moneyclaim tonight and the most recent entry says judgement, ive checked the timescales and its been over 28 days since the date of service so i assume that is why they have put judgement in.

The claimant has applied for a judgement as you have only acknowledged receipt of the claim, and did not file a defence, meaning that essentially their claim was apparently not being defended, and hence the court has now awarded judgement in favour of the claimant.

lostmyway123 wrote: »

so my original debt was for £299 with court fees £364 do you think it might be worth it sending a n244 set aside judgement form into the court as i have still to hear back from the solictors to what compnay arrow global is? ive never taken out any sort of money through an arrow global but not sure if they go by any other name? if it was a company i knew i would have admitted it and asked for reduced payments.

As I say Arrow Global buy debts, they are unlikely to be the original creditor - hence why you aren't familiar with them. However, for they to be lawfully able to register a CCJ, they must have administered the assignment under regs, and duly advised you of the details of assignment, as must the OC too under separate post.

lostmyway123 wrote: »

but the set aside judgement costs £80 to set up, im not on income releated benefit so dont think i would qualify for court fee to be waived, is it worth doing that to add another £80 on which if im honest i cant really afford £80 at the moment.

or would it be better to just wait for the judgement letters to come through now hoping that i can make an offer of payment or is that too late?

You are offering to paysome one you have never heard off and don't believe you owe money to. The CCJ is registered - it the debt is admitted by you, it can be paid and markes as satisfied. If the debt and CCJ are disputed then you could look to have it set aside.

lostmyway123 wrote: »

or even extreme asking a family memeber to pay off the 364.00- but the thought of that terrifies me at the moment within a month to stop it showing on my credit record? (my credit record is bad but this would be my first ccj)

If you have a shed load of defaults (and setting aside the possible dispute), a CCJ for the amount quoted won't really make a whole heap of difference - they will all expire (satisfied or not) off your credit record folloiwng their 6th anniversary of registration (however it is permitted under the court process for the claimant of the CCJ, to apply to the court to have it re-registered, however this is not a regular occurance, but the possability is there, subject to convincing the court of the validity of their application - which after 6 yrs of non payment won't be easy, but I mention just to be thorough).

lostmyway123 wrote: »

i know in regards to my other debt i need to work out a plan but for this most pressing one- the arrow global does anyone have any advice or been through the process before?

thanks in advance for any help.

You need to write to all creditors with a budget planner demonstrating what you can afford given your current financial circs.

Re CCJ issue - I've pm'd you.

The message to others in a similar situ - is never ignore CC claim papers, submit your AOS within 14 days of reciept of the claim, speak to a solicitor and/or get on debt forums for advice, speak to the claimant to negotiate a stay (pref a discontinuance), and/or (if appropriate) a defence specific to the POC within 28 days of your AOS .... this is imperative if you don't want judgement by default and dispute/wish to defend the claimants particulars of claim.

Hope this helps

Holly ...