Defending CCJ Arrow Global

nyla83

Hello
I have received a CCJ claim form from Arrow Global.
The debt was with Halifax and I have not had any contact with them since August 2007. I ceased contact after requesting a copy of my credit agreement for the loan, they didn't send it and I stopped dealing with them. I have never had contact with Arrow Global.
I would like to defend the claim because I think it is statute barred but I have no idea how to do this. I know I send the defence form back but I'm not sure about how to word everything.
It's Northampton court and I am in Durham, do I have to go there?
How do I prove I have had no contact?
Do I send a letter to Arrow asking them to prove it?
I am really scared I will mess up. If anyone can offer advice it will be greatly appreciated. Thanks for reading.

rizla_king

Maybe ask here. http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

nyla83

Thank you I will have a look now

nyla83

I have had a look on legal beagle and I am just after some clarification really. Should I be asking the court for more time and then writing to Arrow Global asking them to prove it?
Then take whatever they send me to court to show its a statute barred debt?
Also can I do any of this online?
I am so worried I will get this wrong as I have lost an appeal for a CCJ I knew nothing about in the past because I was up against a solicitor and he wiped the floor with me
Thank you for reading

rizla_king

Post for advice on beagles and maybe try https://www.consumeractiongroup.co.uk/forum/ as well. Call National Debtline for advice as well https://www.nationaldebtline.org

sourcrates

Hi,
Firstly they are in breech of your CCA request, secondly the debt would not be statute barred until at least August, is there not a helpline number on the court forms ? I would say your defence would be that Arrow global did not fulfil there duty to provide you with evidence of the debt they say you owe, after you took reasonable steps to get that information from them, you have to be quick here as you are on a time limit in order to respond to the court, im sure if you ring and ask for some advice from maybe citizens advice or similar, they will be able to tell you, but the clock is ticking.

nyla83

Thanks for the replies.

I have spoken to debt line but they said I need to seek legal advice and they can't provide it. I will have a look on consumer action group though thanks rizla king

Sourcrates, thank you. I thought it was statute barred after 6 years of no contact. Is that wrong? I don't know how to prove Halifax didn't send the credit agreement in the timescale.
I have been calling CAB and it's just recorded messages at my branch, no local solicitors are returning my calls either it seems like the worst time to need them. I know I need to get moving I just don't feel confident at all.

sourcrates

nyla83 wrote: »

Sourcrates, thank you. I thought it was statute barred after 6 years of no contact. Is that wrong? .

Six years of no contact, if you last paid August 2007, then wont be SB till August 2014 !!
Unless you stopped paying earlier than that ???

Tangerina

Hi Nyla 83,
It is 6 years to statue bar. Put in allaboutDEBT In google and there's a forum where you can get excellent help for this.
x

sourcrates

If you believe it to be statute barred then that would be your defence to the court, the creditor would then have to prove it wasn't SB, you don't have to prove it is, that may be the way to go

Tangerina

sourcrates wrote: »

Six years of no contact, if you last paid August 2007, then wont be SB till August 2014 !!
Unless you stopped paying earlier than that ???

6 years in England and Wales and 5 years in Scotland to statue bar if no payment or acknowledgement of the debt.

If last acknowledgement or payment was August 2007, then adding 6 years, that makes it August 2013. Your adding 7 years Sourcrates.