10 year old token payments

[Richib]

Hi, I wondered if anyone could give me some advise? I defaulted on an mbna loan around 10 years ago, which I received a ccj for. (which dropped off my file 3 years ago)
I arranged a token payment offer through a debt charity which I have been paying all this time and never missed.
The debt has changed hands lots of times but they all say keep up the payments and I hear nothing else.
Recently I received an income and expenditure form from Drydensfairfax saying I need to complete it within 7 days or they will commence legal proceedings.
Could anyone tell me what these legal proceedings might be?
Any help would be appreciated.

[Richib]

Apologies for the double post.

[nightwatch]

no problem I have deleted it.

as the CCJ has droped off your file Dryden MAY be thinking of getting you to pay more, if the payment was set by the court they have to go back to court to change it ( I think) I also think 7 day's is not a lot of time to reply in, so
Who now own's this debt as dryden work on a companys behalf not themselves,?

[Richib]

Thanks for the reply.
I think Mbna passed it on to wescot, who I originally made the token payment with, it wasn't set by the court.
It was then passed to arrow global, then Cabot and now drydensfairfax.
The only correspondence I have received in this time is to tell me the company managing my account has changed.
Drydensfairfax are the only ones that have threatened legal action.

[nightwatch]

ok this mean's that they are writing on behalf of Cabot,

may I ask how much ( roughly ) was owed when you went to court
how much (roughly) you owe now

I take it you and Wescot agreed the payment between you? did you sign anything at that time agreeing to it, or receive any paperwork saying it was agreed for xx number of years?
they can't take you to court if you have already had a CCJ for this debt unless you stop paying or they think you could pay more and want to change the ammount.

I don't think a judge would like it after 13 years of keeping up payments

[Richib]

Sorry my mistake, it was capquest not Cabot.
The total debt is 5022 still owing as I have been paying a pound a month.
I have a letter saying they accept the offer, but I would be subject to review.
Also the ccj was registered in 2010, so the total time is almost 10 years not 13.
Thanks again for the replies

[nightwatch]

ok thanks, I need new glasses.

so this looks like they want you to up payments, not knowing you curcumstances, can you afford more?
they can't make you pay any more then you can afford

I will see if anyone knows where you stand legaly on this as i don't know for sure and do not want to give wrong advice .

NW.

[Richib]

I'm self employed in the building trade, and work isn't the best at the moment, so no, I couldn't afford any more, as work is very sporadic I need to keep hold of every penny at the moment.
I was wondering if I should call business debtline (step change for self employed people) and doing another budget sheet to show I can't afford any more?

[Roger]

I'm self employed in the building trade, and work isn't the best at the moment, so no, I couldn't afford any more, as work is very sporadic I need to keep hold of every penny at the moment.
I was wondering if I should call business debtline (step change for self employed people) and doing another budget sheet to show I can't afford any more?

Right my understanding is with a CCJ the repayments are assessed and rubber stamped by the Court as part of the CCJ.
The Court would have required you to provided details of your income expenditure etc.. in reaching this figure.

I WOULD NOT ANSWER OR FILL IN ANY INCOME EXPENDITURE FORM SENT TO YOU.
I would continue to pay in strict accordance to the CCJ terms! which means you have acted in compliance with the Court!

IF THESE CHANCERS WISH TO VARY THE CCJ TERMS they risk COSTS and perhaps even reduced payments!

As you point out work isn't the best at the moment.

I would file this letter and see what happens next!

[Richib]

Hi, the repayments were not agreed with the court, they were agreed with wescot at the time.
i never received any court papers, the ccj just appeared on my file.
I have also never received any statements or any other correspondence at all in this time apart from the odd letter saying the debt has changed hands.

[nightwatch]

Hi , there is something amiss here, I have asked Di if she may be able to shed some light on what could be going on here,

don't panic if she isn't here straight way she is a busy woman.

[Joanna Connolly Solicitors]

I defaulted on an mbna loan around 10 years ago, which I received a ccj for. (which dropped off my file 3 years ago)
I arranged a token payment offer through a debt charity which I have been paying all this time and never missed.
The debt has changed hands lots of times but they all say keep up the payments and I hear nothing else.
Recently I received an income and expenditure form from Drydensfairfax saying I need to complete it within 7 days or they will commence legal proceedings.
Could anyone tell me what these legal proceedings might be?

Hello

Can you just clarify if Arrow Global Ltd are the Judgment Creditor (Claimant named on the CCJ at the time)?

And was/is it Arrow Global Ltd or Arrow Global (Guernsey) Ltd.? It matters since Arrow Global (Guernsey) Ltd. isn't authorised by the FCA so a return to court by them may not be an option (for them).

Was the CCJ a Default Judgment because you failed to file an Acknowledgement of Service or Defence by the deadline, or did you attend court to defend/contest the claim but lost at the Trial, or did you file an Admission to the claim including an Income & Expenditure?

Was the CCJ a 'Forthwith' Order (whole sum to be paid within x days) or was it an 'Instalment' Order (the monthly instalments agreed by the court)?

If the Judgment Creditor (Arrow) want to increase the payments defined in the CCJ (if thy were) then they would have to make an Application to the court.

If you have beached the CCJ (not paid the amount defined by the Order, if it was) then Arrow would need permission from the court to take enforcement action such as Bailiffs, Charging Order, or Attachment of Earnings (which they won't get because you are self-employed so no employer to attach the Order to).

Do you own your home (possibly with mortgage) or do you rent?

Arrow Global completed their acquisition of DrydensFairfax Solicitors this year. That will be why Drydens are writing to you.

Sorry for all the questions, but it's important to establish the facts before suggesting your options.

Di

[Joanna Connolly Solicitors]

i never received any court papers, the ccj just appeared on my file.

PS.

I've just seen this post you made while I was busy typing mine.

If you were never served (correctly) with the claim then you could be looking at a set-aside of the CCJ.

Why didn't you receive the claim form (or the subsequent CCJ/Order)? Was it sent to an address where you weren't living in 2010?

Do you have any evidence that there really was a CCJ, such as a claim reference number etc? You say it "just appeared" on your CRA file.

Di

[Richib]

Hello, thanks for all the input.
I was unaware of a ccj on my credit file until I applied to rent another flat, which I was obviously turned down for because of the ccj.
To my knowledge I never received any sort if paperwork concerning it.
I just set up a token payment offer through a debt charity, (which I now believe is step change).
I got letter from wescot accepting the offer, and I have paid it ever since, and still am.
I still rent a flat, no mortgage.
My credit file no longer has the ccj so I can't check the details. Is there any way I can find this out? I would like to know where I stand with this.
Thanks again for the interest.

[Joanna Connolly Solicitors]

I was unaware of a ccj on my credit file until I applied to rent another flat, which I was obviously turned down for because of the ccj.
To my knowledge I never received any sort if paperworkconcerning it.

If the CCJ was in 2010, and you were aware of it when you tried to rent a property, then that must have been in 2016 or before (because CCJs only stay on your CRA file for six years).

A set aside Application has to be made promptly so it may be tricky to persuade the court that you had a reason to leave it up to three years (but not impossible).

If this was a Default Judgment because you didn't respond to the Claim Form by the deadline (because the claim wasn't served on you) then you should contact NCCBC to see if they've retained a copy of the Order (CCJ) on their database, but it's unlikely.

Maybe your written (not email or phone) response to Drydens Solicitors would be to simply ask them for a copy of the Order (CCJ). Don't give them any information to help.

Does their latest letter name their 'client' as Arrow Global Ltd or Arrow Global (Guernsey) Ltd.? It may matter.

Depending on what happens next you may need to send a Subject Access Request to MBNA and/or Arrow - but not yet.

Di