CCJ Issued (Arrow Global)

by Dishra Wed Sep 14, 2022 10:38 pm

Hi all,

My partner has received a CCJ that they have no recolation of via 'Arrow Global'. Nor are they aware of any contractual agreement(s) in place with the creditor currently. Had we been notified of this via any 'Letter of Claim' or 'Official Default', this would have certainly helped. Mad

Would be so grateful of any support or advice, as this is the first time we have come across such an instance and it is slightly distressing as some of you may have found - thank you.

by flyingfish Thu Sep 15, 2022 8:57 am

In a case like this you should be able to get the case set aside. That sets it back to a stage where you would be able to submit your defence, and attend any hearing.

To set aside a you need to show why the claim wasn't responded to (because you didn't receive it) and you need to show that you have an arguable defence.

Do you have a claim number and the name of the court making the judgement? You should be able to get copies of the original paperwork from them.

Have a look here https://www.stepchange.org/debt-info/ccj/set-aside-ccj.aspx

by Dishra Thu Sep 15, 2022 11:07 am

Brilliant - did think this could be an option, really frustraited that the original claimaint/solicitors did not follow due process and notify ourselves of this, prior to filing the judgement.. thank you so much for your response, quite a challenging time for us both at the moment CCJ Issued (Arrow Global) 1f625

by flyingfish Thu Sep 15, 2022 11:45 am

You may be able to get exemption from the fee for set aside application, depending on your circumstances ..
https://www.gov.uk/get-help-with-court-fees
https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

Do you know why none of the origination paperwork got to you, for example has you address changed? As noted I think you need to contact the court and get hold of at least the Particulars of Claim so you know what you're dealing with.

by Dishra Thu Sep 15, 2022 12:58 pm

Thank you so much, so grateful for your responses here.. as to what any others may think! So perhaps worth trying to set this aside?

As for the original paperwork, no idea.. as the claimant is not recognised. Sounds like it may be worth querying, whilst trying to obtain the 'Particulars of Claim'? Really grateful for your support.

by **daveiron** Thu Sep 15, 2022 1:03 pm

Just a thought on this, I would send a DSAR to the claimant,it may have been
deliberately sent to a previous address or even an address you have never had.
Therefore getting a judgement by default.

Example ,after seeing off 3 DCs & 1 solicitor the alleged creditor has passed it to yet another DC .Despite the OC having been in regular contact at my address since
2006 ,this new DC started sending letters to my former business address which
i retired from in 2014 & the OC had never been given that address.To me that is
very clear they did not want me receiving them.

Just a thought.

by Dishra Thu Sep 15, 2022 1:08 pm

Thank you both daveiron and flyingfish, so so grateful.. did not sleep last night due to worry and stress! The tactics they use are so decieving, I just wonder is it too late for the SAR with the current situation - THANK YOU!

by **daveiron** Thu Sep 15, 2022 1:38 pm

You stressed is exactly what they want.
They must comply with a DSAR within 1 month,and the whole set aside issue
will take longer.
The DSAR will show who the OC is and it should also show the address the OC
has for you,Therefore if the DC has used a dif address it will show clear attempt
at deception.

by Dishra Thu Sep 15, 2022 2:36 pm

They've certainly done a good job of that, but guess this is what they are trained to do essentially. So even with the judgement pending, a SAR must be adhered to in order to shed any light/show any attempt of deception via the solicitor and/or the OC/DP.. in order to establish fair resolution?

by flyingfish Thu Sep 15, 2022 3:07 pm

To be honest a lot of those aren't requests for your personal information, more like general or legal questions. I worry that this will cloud the request and give them an excuse not to response. If you want to ask all that stuff then do so separately. Keep your DSAR simple with no references to case law or legal questions or proof of this or that. It's just a request for your personal information that they hold.

Don't wait on this before kicking off the set aside process. That needs to be done "promptly" although there's no statutory definition. But it would be unwise to delay unnecessarily.

by Dishra Thu Sep 15, 2022 3:18 pm

Sorry yes you are right - in a haste to post and obtain very helpful advice from yourselves, I did go a little off track here. How may it be best to ask the original questions above upon sending a SAR?

by flyingfish Thu Sep 15, 2022 3:47 pm

By the way do you have a full copy of Van Lynn Developments v Pelias Construction Co Ltd (1968)? I ask because these cases often don't actually say what they popularly claimed to say. For example Webster v Ridgway doesn't mention fraud, legal obligation or dishonesty. Nor does it cover the right to see redacted information. Redacted documents had already been supplied and the point under discussion in the case was the level of redaction.

That case is available on Bailii so you can read it for yourself to make sure you are happy with the citation.

by Dishra Thu Sep 15, 2022 3:50 pm

I see - thank you flyingfish! Would you advise to cite any other references? I believe to have located these on the forum.. but frantically trying to get something prepared given current stages CCJ Issued (Arrow Global) 1f632

by flyingfish Thu Sep 15, 2022 4:11 pm

I don't think you're at the stage to raise points of law. First thing is to find out what's being claimed. For example if it's a debt that's not been sold on then nothing about deed or notice of assignment is relevant. If it's not a regulated credit account, then arguments about CCA are irrelevant.

So find out what's being claimed, work out what your defence would be in straight everyday terms.

by Dishra Thu Sep 15, 2022 4:28 pm

Thank you for clarifying, I thought given the CCJ this may have been the case.. should be regulated as far as I'm aware.

by flyingfish Thu Sep 15, 2022 4:44 pm

That looks fine for the DSAR unless anyone else adds anything.

I don't think you've said anything about what the claim refers to. Is it a credit card, or do you not know? Essentially your defence comprises your reasons why you don't think you should pay the claim. These will depend on the facts of course, but if applicable could include the debt being statute barred, not your debt in the first place. value incorrect. Etc etc. The actual defences will depend on the facts.

by Dishra Thu Sep 15, 2022 4:55 pm

Will have to send you some beer tokens if all goes well over the upcoming months folks, we were in a right fluster yesterday/this morning!

Believe it may be related to a CC (process of elimination), however not quite sure as the claimant/solicitor does not look familiar whatsoever.

by waylander62 Thu Sep 15, 2022 7:09 pm

just had a brief read of this as it is a little difficult to understand but from what i can gather is that you have a county court judgment against you and that you had no idea that you had been taken to court in the first place ?

to help me can you answer a few simple questions.

1. How and when did you find out that you had this CCJ ?
2. have you received any paperwork , letters etc etc from arrow global prior to finding out about this CCJ ?
3. do you have any idea what this debt is for ?

i need to know what has happened here before i dare commit any further

by waylander62 Thu Sep 15, 2022 7:16 pm

just had another quick look and i see you are considering a SAR ? i would hold on that for the moment as i am not sure you actually know who the 'creditor' is

reads like you have received 'something' from 'somebody' in respect of the CCJ.

strange, if true, that whoever sent this now has the correct address ?

just need a bit of clarification really.

by Dishra Thu Sep 15, 2022 7:45 pm

Thank you so much for your support/guidance, sorry if any parts unclear. But yes, a CCJ was issued against my partner who had no knowledge of this.

1. A 'Judgement for Claimant (in default)' was received prior, dated x.

2. Absolutely no paperwork received from OC/DP, just their solicitors indicating the CCJ had been issued (no comms prior to this).

3. Not sure - through process of elimination we are assuming perhaps CC related, but do not recognise the claimant listed.

Thought a SAR to their solicitors would help identify what this relates to exactly, as for being able to provide original proof of claim in order to verify.

Thank you so much.. really appreciate the support here (absolute minefield for us newbies).

by waylander62 Thu Sep 15, 2022 8:51 pm

ok still a bit confused ( not by you by the way but by what has happened )

to answer each of your answers

1. so you received a judgment for claimant at the correct address from the county court at northampton ? yet you didn't receive any other correspondence from the claimant, their solicitor or the court prior to when the claim form was sent out ? nor did you receive the claim form ?

2. so no letters from arrow at all to the correct address ? and no letters at all from their solicitors before receiving a letter from their solicitors informing you they had obtained a CCJ ?

3. and you are unsure even what this claim relates to.

all the rest is irrelevant as they have already won in court you maybe able to get some information through a SAR but unless you get the order set aside it wont make any difference.
this may be difficult to set aside if they actually have your address on record and the court sent out the claim form to the correct address to not receive ANYTHING prior to the judgment paperwork is very strange indeed.

i think your only option would be to speak to the court, tell them you never received the claim form and ask them to e mail you a copy of the claim form as you will be looking to set aside the order. The claim form will have your address for service on it and if this is different to your current address you may have a chance.

that is what i would do initially. it will also tell you what the debt is and who the original creditor was.

until you have this information you are only guessing.

by Dishra Thu Sep 15, 2022 9:34 pm

1. Yes - and no other correspondence from claimant/their solicitor.

2. No - zero letters from OC/DP at the correct address. No letters either from their solicitors regarding notice or action in order to discuss/resolve.

3. Yes - unsure of what the claim relates to, as we have never dealt with OC/DP in the past.

-

So perhaps best to query with SAR before considering next steps? Will inform court of our current situation too.

by waylander62 Thu Sep 15, 2022 10:32 pm

well it does all seem a bit strange definitely ring the court and request a copy of the claim form that has to be no. 1 so you know what this is all about and who the OC were and also who the claimant are. You caan ask the court for name and address etc but it will be on the claim form itself. when the claimant made the claim against you they would have put your address on the form so that the court could serve the claim upon you. If the address on the claim form is wrong then that is a big big help. get that claim form.

you can apply for help with the fee for setting aside you would need an EX160 form you can download one and it should tell you if you are eligible for help.

you can't ask for this type of information in a SAR a sar will provide you with the data they hold about you there is no way they are going to answer specific questions nor are they going to provide any proof of anything. it may be that they hold very little of your data to be honest they rarely have any of the paperwork to support their claims.

NO you have to submit a SAR to the data controller only but i cannot see it being any help to you at this stage. the data controller will be the creditor.

you MUST deal directly with CCBC in the first instance to get what you need, it is the court that can set aside no one else.

by waylander62 Thu Sep 15, 2022 10:37 pm

do you know who the original creditor was ? or do you think you know ?
and have you moved recently. within the last few years ?

by Dishra Thu Sep 15, 2022 10:50 pm

Can a SAR not be submitted to a data controller within any organisation regarding personal data held?

Ideally I'm looking for the original CCA or any form of proof of claim, but by the sounds of it this can only be acheived if the judgement can be set aside (thus, establishing contact back with OC/DP)? CCJ Issued (Arrow Global) 1f613

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