Ccj changed courts

[Diana M]

Re: Ccj changed courts

spoke with the solicitors this morning the out come is because of New address the bailiffs are no longer issueing attachment Of earning and all court action stopped. The account been out on hold u ntill any paperwork has been received by myself.

I understood your post to mean that they were not going to enforce the CCJ (with bailiffs and/or AOE) so further court action stopped, but are you saying that they have consented to a set aside?

You refer to them putting the account on hold while they wait for paperwork. What paperwork?

Or does this mean that they are expecting you to make an Application for a set aside?

Di

[Midlandcb]

Re: Ccj changed courts

I understood your post to mean that they were not going to enforce the CCJ (with bailiffs and/or AOE) so further court action stopped, but are you saying that they have consented to a set aside?

You refer to them putting the account on hold while they wait for paperwork. What paperwork?

Or does this mean that they are expecting you to make an Application for a set aside?

Di

Hi they just said court action has stopped by baliffs for the being wrong (from what I could understand ). I have asked for it in writing. The paper work I've asked for is contract or anything that have on the account which they said has been requested. Account on hold till I receive that. They did say as they have done nothing wrong from there view in handling the account that wouldn't set a side the ccj. Hope that helps explain a little better. Thank you

[Diana M]

Re: Ccj changed courts

they just said court action has stopped by baliffs for the being wrong (from what I could understand ). I have asked for it in writing. The paper work I've asked for is contract or anything that have on the account which they said has been requested. Account on hold till I receive that. They did say as they have done nothing wrong from there view in handling the account that wouldn't set a side the ccj. Hope that helps explain a little better.

Yes that's what I thought had happened.

They've put enforcement action on hold while they send you some information.

You've sensibly asked them to put that in writing. If you hear further from the court bailiffs you'll have something to show them Ditto if you get anything from the court re an Application for an Attachment of Earnings.

They're not willing to consent to a set-aside so you currently have a CCJ which means a CCA Request and a CPR 31.14 Request for documents aren't relevant. The information they're sending you is being done on a voluntary basis.

See what they send back and then re-assess the situation.

You must feel a great sense of relief knowing there won't (or shouldn't!) be bailiffs knocking on your door.

Di

[Midlandcb]

Re: Ccj changed courts

Good morning yes a big relife hopefully the paperwork will arrive soon so I can this sorted out.
Thank you all

[Midlandcb]

Re: Ccj changed courts

Hello I've just got off the phone to vanquish I did have an account back in 2009 but the account is closed and the advisor couldn't see as the account had been sold or past on. It was just closed. Now I'm even more worried.

[Amethyst]

Re: Ccj changed courts

Are you waiting for documents before making an application to vary the judgment order ( to affordable installments ) or to apply to set aside the judgment ? Or are you intending to make an arrangement direct with the judgment holder/solicitors ?

Might you be eligible for fee remission to help with the £50 ( to vary) or £255 ( set aside) ? ( see https://www.gov.uk/government/public...-tribunal-fees for fee remission - see N245 ( https://hmctsformfinder.justice.gov....t_forms_id=486 ) for variation and N244( https://hmctsformfinder.justice.gov....t_forms_id=484) for set aside application forms )

[Midlandcb]

Re: Ccj changed courts

Are you waiting for documents before making an application to vary the judgment order ( to affordable installments ) or to apply to set aside the judgment ? Or are you intending to make an arrangement direct with the judgment holder/solicitors ?

Might you be eligible for fee remission to help with the £50 ( to vary) or £255 ( set aside) ? ( see https://www.gov.uk/government/public...-tribunal-fees for fee remission - see N245 ( https://hmctsformfinder.justice.gov....t_forms_id=486 ) for variation and N244( https://hmctsformfinder.justice.gov....t_forms_id=484) for set aside application forms )

Hi thanks for reply I really don't know what I'm doing now vanquis say that haven't sold the account so have had all this come about?

[Amethyst]

Re: Ccj changed courts

When you get the docs it wil be clearer but it seems Vanquis have sold the account - it will have been as part of a batch of other debts - it is likely just to show as closed on any customer service agents screen at Vanquis so they wouldn't necessarily know.

You got a copy of the judgment order didn't you ? do you want to upload a pic just to make sure we're on the same wavelength with what's going on ?

[Midlandcb]

Re: Ccj changed courts

How do I do that?

[Amethyst]

Re: Ccj changed courts

Take a pic with your phone and email it to me admin@legalbeagles.info if you can xxx

[Midlandcb]

Re: Ccj changed courts

Hi just sent hope this helps.

[Amethyst]

Re: Ccj changed courts

Okay, so it was a forthwith order for payment by xx August 2016, judgment in default, claimant Arrow Global Guernsey. £460. Originally it was Northampton but as you got a copy of it after enforcement action had started the copy has come from Walsall.

So originally a Vanquis Debt from 2009. Not statute barred as you were paying it for a while at a reduced amount. The Claimants got a CCJ by default and there is a warrant of enforcement in play but the Claimants have agreed to hold off on enforcement action while they send you details.

You could ake an arrangement directly with Drydens/Arrow to pay at X amount a month and stop enforcement action, but personally, as this is stressing you, I think I would get an application to vary in to the court which will suspend the warrant formally ( rather than relying on the word of Drydens ) and enable the court to set an affordable installment plan based on your circumstances. Have a look at the N245 form I linked you to before. This will mean you still have a judgment against you, and it will stay on your credit file and the register for 6 years, but payments will be set and the only enforcement that could happen would be if you failed to make those installment payments.

Otherwise your option is to apply to set aside - the judgment holders already said they wouldn't consent to a set aside - so you would have to explain to the court that you didn't receive the original claim, and why, and that you have a reasonable prospect of success at defending the claim ( so need to figure out what defence you might have ) - so that would be worth waiting for documents that Drydens are sending you to see if things are in order as much as you can.

[Midlandcb]

Re: Ccj changed courts

Ok a lot to take in I'll wait for this paper work and take it from there so I've got something to go on .Thank you all once again

[Diana M]

Re: Ccj changed courts

it was a forthwith order for payment by xx August 2016, judgment in default, claimant Arrow Global Guernsey.

. . . . so you would have to explain to the court that you didn't receive the original claim, and why, and that you have a reasonable prospect of success at defending the claim ( so need to figure out what defence you might have )

Arrow Global (Guernsey) Ltd is unlicensed - perhaps that's one reason why the solicitors are reluctant to consent to a set-aside (this issue would form part of the Draft Defence).

It appears their refusal (to consent to a set aside) was done over the phone when the OP called them so they have not taken their client's instructions.

Di

[Midlandcb]

Re: Ccj changed courts

Ok now I'm head shot lol should I take any action in this?