Backdoor Arrows/Dryden CCJ + old Warrant - old Nationwide Credit Card Debt - prob already SB'd at Claim Date

[rnfrds10]

Hi Guys,

 

this stunned me and you will understand why,

 

I had a debt of £6500 that i defaulted on 30/05/2006,

 

I moved around and as such lost contact

forgot about this but I kinder knew it was there.

 

It was showing on my credit file that Arrow Global had taken the debt from Nationwide.

 

Ok now this dropped off in May 2012 and no longer appears on my credit file.

 

Now I have an ongoing Debt Management Plan with Payplan and for the first time in years I checked it.

Now it occurs to me that payplan started paying Arrow in June 2012 and I think contact was made in May 2012.

 

Now heres the thing I never once told Payplan about this debt as you are not meant to get in more debt when you are in a debt plan.

 

I have not had any contact with Arrow, well ever, not spoken to anyone or acknowledged the debt.

 

I am wondering how Payplan was able to set up an agreement with Arrow without my say so or acknowledge of this debt to payplan or even arrow.

 

My debt had become statute barred

has payplan lumbered me with the debt.

 

I just found out now and will call tomorrow,

 

but would like to know where i stand please.

 

cheers

[dx100uk]

dont be specific on dates of why its sb'ed

 

just state its sb'ed

 

they should not be doing that.

 

dx

[rnfrds10]

Hey I have rung them up and they have cancelled payments, apparently Payplan added them as a creditor because they were chasing payment.

 

I am hoping that I do not have this debt by proxy of payplan paying them payments after being S/B. After all I did not acknowledge the debt from Global or to Payplan. Fingers Crossed.

[dx100uk]

once its sb'ed nothing can undo that

 

dx

[renegadeimp]

Yep. Stop paying, send the SB letter and that debts gone forever.

[rnfrds10]

Hey the above company are working on behalf of Arrow.   

They say a judgement was made against me under claim number xxxxxxx on 13/06/2017.   

Consequently, our client instructed us to issue a warrant of control against me and this was issued on 25/01/2020 at a previous address. 

 

Firstly i believe this debt to be statute barred

secondly the judgement they refer to would that be a county court judgement  as i have looked at my credit file and none are reporting any judgement which i presumed if it was done in 2017 would of showed up by now. 

 

I also read that for a warrant of control you need a county court judgement, do you think they are fishing. 

 

Cheers guys. 

[unclebulgaria67]

You could contact the Northampton Court bulk centre that handles the claims applied for online, to check whether this actually relates to you at an old address.

 

https://www.gov.uk/courts-tribunals/northampton-county-court-business-centre

 

if the claim does relate to you, then you can ask for the details.

[dx100uk]

do all of you old addresses show on your credit file under linked addresses?

 

i will guess this is for a historic student loan?

 

it's funny if it is as drydens a couple of years ago sent out 100's of the same letters to ex student regarding their unpaid loans that were already SB's wanting free money for their company's xmas party from mugs that wet themselves.

 

no much point in ringing northants bulk if you don't know the CCJ number.

 

 

[rnfrds10]

No i think its a credit card debt, also just checked my credit file and i use checkmyfile which has equifax, experian, Transunion and Crediva none of them are reporting a CCJ

 

my old addresses are linked including my current and my previous where they say a warrant of control was issued. 

Edited January 31, 2021 by dx100uk

[AndyOrch]

Quote

They say a judgement was made against me under claim number xxxxxxx on 13/06/2017.  

 

You have the claim number check it with MCOL.

 

Andy

[rnfrds10]

I tried using the MCOL but because I didn't receive a pack i didn't have the password. 

 

 i went to here https://www.trustonline.org.uk/ and put in that claim number, it appears i do have a judgement on here from C O U N T Y C O U R T B U S I N E S S C E N T R E for me at an address that isnt mine.   

 

;-( i believe this debt is statute barred though so i am confused about court action. 

[AndyOrch]

I didnt mean try to log in...a phone call to Northampton and request a copy of the claimed particulars and Notice of Judgment.

[dx100uk]

then ring northants bulk and ask for a copy of the claimform AND the judgement CCJ by email PDF.

if they say they don't have a copy of the claimform then ask them to read out the address it was srved too

and

the Particulars of claim RECORD THE CALL.

 

as for it being SB'd, it was obv a roboclaim to an old addresss so no human ever sees nor checks anything

a debt being SB'd is not guaranteed not to be litigated upon if the owner does not have your correct and current address.

 

dx

 

[rnfrds10]

ah got yah, i paid a £5 and got a copy of the judgement.  It was served to an address that wasnt mine i am at say 50 and the address it went to is at say 102 on the same road.

[AndyOrch]

But did you request a copy of the particulars claimed...as per my post above ?    You will require this if you intend to set a side and defend.

[rnfrds10]

ok, i just clicked that link on your above post. will call up. 

[dx100uk]

record the call!!

 

we need the POC exactly as written

 

dx

 

[rnfrds10]

Hey, so to follow up on this, i called up the County Court Business Centre CC, and they said my case had been transferred to Bromley County court.   I emailed Bromley CC  as trying to phone them was a nightmare.   They said the following today via email:  

 

"Dear Sir,

 

I have spoken to the Customer Services Manager regarding this matter.

 

We are unable to provide you with copies of the claim form or the Judgement because the original application was made online to the County Court Business Centre whose systems we do not have access to, and the Judgement was made by default due to you not replying to the original claim form.

 

The particulars of the claim state that the original debt was incurred on a credit agreement held between you and Nationwide under account number xxxxxxxxxxxxxxxxx. You may wish to contact the Claimant’s solicitor, Drydens Limited, for further details on 0113 8233377. Their reference for this case is xxxxxx." 

 

 

This is the debt i believed was statute barred.  Should I forward on the email to the Couny Court Business Centre.    I dont really want to call the solicitors cause i know that i should avoid admitting liablity to not restart the 6 year thingy. 

 

Cheers 

Lee 

 

Edited November 9, 2020 by rnfrds10
Update words

[dx100uk]

You cant reset sb once sb'd always sb'd..

 

so a credit card? (16 digit number??)

 

go ring NW and ask last payment date then

 

if you can prove the debt was sb'd before the claim form was issued then you might well find arrows will set it a side FOC to you.

 

 

[rnfrds10]

Yep credit card, I just wonder if they will say talk to arrow as this maybe over 10 years old, but i still know my old address where this card was at will give a try tomorrow. ta

[dx100uk]

try NW

what bank account would the payments have come out of NW too?

[rnfrds10]

No, the payments would of come from another bank that I don’t have anymore.  

I am 100% certain haven’t made any payments in more than 6 years.

 

I was always checking my credit file back in the day to watch when it dropped off.   

if I remember correctly it became 6 years from date of default sometime in 2015.

 

My last payment would of been before 2009 as a pre default payment, cause I think once I defaulted I didn’t pay as couldn’t deal with what I got myself into as you do when you are younger.

Will try NW though. 

[dx100uk]

no harm in trying your old bank then too.

once you have documentary evidence it was SB'd at claimform issuance, it should be an easy job to get it removed/nulled

title updated and moved to legal forum .

 

[rnfrds10]

Thanks for you help so far mate its appreciated. 

I have also forwarded the email i received back to the business centre in order to try get the claim documents. 

 

 In the meantime I will call the bank but I am thinking they will say the debt is with Arrow (as its been so long),  do i have to ask the Arrow/solictors for any details as well ? 

 

Is there anything i can send to them to get the information from them that I need to prove no payments have been made to them either.   

 

I am just worried that as i haven't heard from these people in years that i don't have evidence at my disposal and i know that when you send a statute barred letter the onus is on them prove it.

 

Also i am conscious that I received the letter on 31st and they say 14 days bailiffs if they dont hear from them

, should i say i am going to contest this as a kind of holding thing.

 

i suppose that could be combined with the above if i am sending them a letter of some sorts. 

Sorry for the waffle sometimes this is doing my head in, easily stressed. 

[dx100uk]

stop fretting..

 

if there ever was a warrant issue in 2017 it is well out of date

they would have to return to court again and thus the court would write to you that was going on.

that would in a way help you immensely as you could provide the court with doubt and poss by then evidence that the debt was already statute barred upon judgement.

 

dx