As your out of the timescale of 21 days now with your appeal, have you rang the courts to find out what other option may be available on how best to go about it now? Mine all went in within the timescales so I hope somebody will come along soon to advise you as your really dont want to be leaving it too long PART 52 - APPEALS - Ministry of Justice may prove useful in the meantime.

Hi lubobab, just wondering how it went on Tuesday. Hope it all went ok for you. Look forward to your update

Yes your reputation has been damaged by the unlawful entry of the defaults on your credit reference file and you have been distressed and inconvenienced by there actions! The case of Kpohraror v Woolwich Building Society shows clearly that substantial damages can be claimed for injury to a person’s credit rating, without the need to demonstrate any actual damage suffered. The amount awarded was £1,000 and you shall be claiming this amount from them.

If you have kept up with instalments on a county court judgment then the court should not make a final charging order. As mentioned above in the case called Mercantile Credit Co Ltd v Ellis in 1987, a charging order should only be made if the payments on a judgment are in arrears or you were ordered to pay the judgment in one lump sum immediately (forthwith) and didn't pay. This case is very important. If you are in this situation and still had the interim charging order made, you MUST go to the hearing and take evidence that you have kept up with the instalments ordered and mention this case to the district judge, since you did not put it in writing 7 days beforehand as with other objections mentioned already above that you could have raised. As Paulwlton said you could do one today and hand it to the court usher to see if they will put it in front of the DJ for you, ( I think the other side are suppose to have been served a copy of it too?) I hope your mum gets better soon ( Surprised you never heard from the land reg???) MDAW x

Once a DN once issued, and terminated, cannot be followed by a second DN, as the "agreement" has been terminated, so it follows you cannot default an account which does not exist! So the only DN that could be valid is the FIRST one so by when proceedings have commenced the Claimant will have terminated the agreement. The language of a default notice is framed on the basis there is a current agreement. That language is prescribed. If the Claimant terminated the agreement, to deliver an effective default notice will involve the fiction the agreement is current and never terminated. It would also involve the Claimant reinstating unilaterally. The debtor would be unlikely to agree to reinstatement if to do so would cure the Claimant's difficulties. One good thing appears to be that they are admitting the 1st Default Notice is defective. It therefore follows that by starting Court Action, their client Terminated the Agreement unlawfully, because they had failed to secure a valid Default Notice before doing so. Thus, they are admitting they started Court/Terminated when they were in no position to do so lawfully, having lost all the benefits of s87. That is unlawful rescission of Contract/repudiatory breach of Contract...for which you can ask them for compensation Fairbyblues thread may help you with this one....I had that info above stored from there so may help you on this fairbyblue /MBNA-Restons Court 20th.March-they have issued 2 default notices./ **WON** (you may want to read back a little on here but hope it helps)

Sainsburys this week was doing it at 1.14 (I can't keep up with it all either) glad to see pricing has gone down though as with alot of weekend goodies ahead of us. Bank hols are also all about selling you as much garden stuff as possible too, guess they dont want it all left on there hands so out to entice us all with offers as much as possible whilst some of us are all in the happy carefree spirit of an extra day off this weekend

Gramtrad - your welcome to have a look at the layout I initially started to use. Some of it may or may not be of use but hope some of the extracts I had at the time from the help of the caggers you may find useful to start you off with too :idea: http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-d-judge-made-wrong-21.html#post2771707 Mine went in within the 21 day period so not sure how you go about it outside of that period, PT can guide you on that but I hope you dont leave it too much longer good luck MDAW

Hi Northstar68 just wondered how you got on (If you attended) yesterday? Hope it went OK for you.....was thinking about you...MDAW x

I had a "misinformed" hol with Thomas Cook my mum treated us to last Aug in Italy. I make sure when booking accommodation one of the rooms can be a three bedded room but on arrival had to pay an extra £60 for this, yet knew other people in the hotel who had arrived in resort with us (couples of 2) had been allocated 3 bedded room by default! I reported it to the resort rep (as you do) & they kindly got me a bottle of wine as an apology for the confusion but to put it in writing on my return. I did, it took them about 6wks to even acknowledge my letter and when eventually they did write back it wasn't worth the paper it was written on. Having investigated they believed the rooms allocated had been the right room type so could not offer me a refund, then topped it off re the other guests having been allocated 3 bedded rooms as being both independent travellers or travelling with another tour operator! Had I not had a lot on with other things going on in my life at that time I would have continued on with it as the other people I knew for a fact (having befriended them on holiday) were Thomas Cook guests. Thomas Cook just want to fob you off when you do complain in my opinion. My advice would be to write to a Head Office/CEO or something if you want any action taken not there Customer Relations dept in Bradford, it wouldn't surprise me if they were paid bonus on successful rejections they handle for refunds if you ask me!!

Hooray...all just a matter of time now eh!!!

Heres some stuff below cut & pasted from threads to use as you see fit...hope it gives some format for you to pad out/delete accordingley as all may not be relevant in your case. Hopefully others may contribute there thoughts for you too. Heres hoping you get the CO adjourned on the 24th. Good luck MDAW x FOR THE ATTENTION OF THE COURT MANAGER CLAIMANT vs YOURNAME In the NAME County Court Case No XXXXX Court Address, Date, Your Address Dear Sir Or Madam, Please find attached a copy of my response to the application for a charging order. I have served a copy upon the claimant. Yours sincerely, XXX. Response to application for a Charging Order In X County Court CREDITOR (Applicant) Between and YOUR NAME(Respondant) I am giving notice that I object to the Charging order being made final and I intend to attend the hearing at the above date and court. BACKGROUND AND OBJECTIONS TO APPLICATION 1. I request that proceedings on the CO hearing should be stayed subject to the outcome of the set aside hearing on the xxxx 2. When I ran into severe financial difficulties I sought help from the National Debt line. I was advised to correspond with the Consumer Credit Counselling Service, (which I did) and a Debt Management Plan (DMP) was set up with all my creditors in XXX 2009. I have kept up all payments to date. Within the DMP I was paying MBNA £XXX per month. After MBNA obtained a county court Judgement regarding my debt I was ordered to pay instalments of £20.00 per month which I have kept up to via Standing Order from my Bank Account. According to a case called Mercantile Credit Co Ltd v Ellis in 1987, a charging order should only be made if the payments on a judgment are in arrears. Payments are being made according to the payment arrangement made between the parties to the debt. 3. MBNA are also aware that my Debt Management Plan, administered by the Consumer Credit Counselling Service has a number of Creditors; Creditor Name Payment This Month Payments To Date Current Balance A charging order in favour of one creditor would give MBNA unfair priority over other my unsecured creditors. As you can see I already have a payment arrangement in place with all my other creditors via the Consumer Credit Counselling Service. This would be upset by an order being made. Furthermore I would like to draw your attention to the fact that all of the debts are larger??? than MBNA debt and all other creditors have frozen the interest amounts. 4. We have two young children, one aged and a second who is old. My family would suffer severe hardship if a charging order was to lead to the sale of our home. More so when the debt that MBNA are requesting a Charging Order for is in my name but I our home is owned jointly so it is not even my partner's debt. Yours faithfully,

You sound like me kind of know something isn't running as smoothly as it should be & want to be prepared for all eventualities. I am in a DMP with Payplan, not all creditors though are accepting as you have experienced too in CCCS. Have you thought of applying for your Credit Card Agreements/notice of assignments to these companies? The Nat west one if statements have stopped do you not have online banking to see if you can access them on there? I would doubt if charges are still being applied as normally when you enter DMP most creditors freeze the interest but you wont know that until you see your statements. Subject Access Requests are another way of getting all information they hold on you , have they said why they have not sent you any statements since you moved your salary as I wouldn't have thought that was a reason to stop sending them you as an opening balance & closing balance will still exist on this account! :confused:

Hi, have you also tried going through the cashback sites like quidco & topcashback to also reduce the overall cost. More than pet insurance pay £40 for a policy taken out & as Pompeyfaith has just mentioned about Petplan they pay out £26 to take up a policy with them. ...every little helps... Hope you get it sorted. MDAW

Shame the judge couldn't have turfed the whole case out altogether as a no hoper & do them for wasting the courts time...glad round 1 went to your JK36 lets hope they discontinue before the hearing (fingers crossed)

Just bumping for you for others to comment on suggestions for you too. Restons might huff and puff about it & may even leave it till 2 days before the CO hearing on the 24th to agree to it???....but if not & you still have to go to the CO Hearing hopefully the judge will see the merits of your argument and discharge the charging order for the time being anyway. You just need to demonstrate you have a good case and that other side have acted unreasonably in still wanting to go ahead with this when they knew you had a set aside hearing granted. Also point out to Restons should they not agree to an adjournment & you are forced to attend you WILL BE seeking an adjournment at the hearing and will ask for costs.I'd also send a copy of the letter to the court (& make reference to this in your request )

Hi hammyhound there is an example here on costs under cpr that I had filed & may be useful to you too...http://www.consumeractiongroup.co.uk/forum/legal-issues/137617-zhanzhibar-amex-aic-newman-23.html#post2371569 CPR 48.6 - Bill of costs.doc

Hi Northstar 68 well done for the set aside application.....could you not write to the other side asking for a response with a consent order in the form of a stay that the hearing does not go ahead at this time (adjournment) pending the outcome of the set aside hearing in August. Should they not consent to this by (and put a date/time in it 4pm Fri) it will show the court that you have tried to deal with it in a sensible way & could put them on indemnity as acting unreasonable & they could then have an adverse cost order made against them as the CO can only be resolved pending the outcome of the set aside hearing after all? Looking from a practical point of view it would also save court time & costs. Just a thought...MDAW

Dizzie you have not edited post 12 which I private messaged you about? It is not possible for you to have rec'd this Default Notice on the 8th March.

As mentioned, this is what can happen unfortunately If you can do an N245 to show an offer of a payment you can afford (and if your fee exempt submit the EX160 with it too) it may show willing in the meantime on your part ahead of your hearing. All they want is to secure the debt now against your property so not wanting to set an installment plan up thats why you must try to do one yourself to the vary that Order that was made forthwith. You might also want to object to the restriction to the land registry, not that it does a fat lot of good, but you can try. I understand the predicament your in, how can they restrict the property when a charging order hasn't even happen yet, but the land registry do and having seen sighting of the interim CO application/judgment amount submitted in with the restriction notice to them, restrict it anyway as they know its only a matter of time

How much are we talking about anyway that they are continually harassing you over.....? I think its there problem, not yours & should take the hit for it too!!

Chances are if paperwork was drawn up in the last few years they may be (lets say) not to your advantage Can I say how well done in setting this all up with your creditors without a DMP company involved in the first place....I had a right task on my hand when I tried to do it individually they wanted all the ins & outs of a ducks ****!!! Fingers crossed on the CCA's for you.

Oops sorry if the link did not work above for you ...try again http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html Glad you have some advice onboard now, where we can help we certainly will try for you.....

Hi skyblue2027 if you are happy to pay what you owe but struggling to meet all your payments right now, have you thought about going into a DMP with Payplan or CCCs who will negotiate things on your behalf?

Hi DizzieDiva2010 How old is the debt & what amount roughly is it? Heres some advice I got from my early days that the caggers helped me with on my thread ...... You have to acknowledge the claim form within 14 days on the date of the claim form, then you get a further 14+3 days in which to submit the defence....have you sent a CPR request? Have a read here - Claim form Received today and also this one - Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

What a cheeky blighter the rabbit thing!! Really chuffed it went all ok for you...go pop a cork or two & celebrate....x