Great news DD Your result has cheered me up no end! Bet you are very relieved this is done and dusted.

Thanks CM Also my thanks FG - I will phone the court this morning and see what they say. Will post up the result later today. I've been off line for a few days as I've not been feeling too chipper. But I have been expecting that being well prepared by my surgeon. It seems as if I have a few weeks to go before I'm back to any semblance of normality!

Hi FG, Thanks for the rapid reply!! My SJ justs gives a total figure including all the costs etc to be paid by 23rd September. The installment bit is blank.

At last I am back in the land of the living! Back at home and very sore! Before going in for my operation I took FG's advice and wrote to the Court asking to pay by installments within my means etc. But I am getting a little concerned as there is no reply here from the Court to acknowledge the letter in any way. Attached to the SJ that was here when I got out of hospital was a document entitled 'I cannot pay my judgment - What do I do?' This states I need to apply for a varied order on Form N245. Do I now need to do this or just wait for a response to my original letter? Any advice on this will be most welcome.

A very quick message to thank all who have given supportive and encouraging messages. I have just come back from a very relaxing weekend away with the wife. Computers etc. were totally banned! Also my thanks for the many PM's and apologies for the lack of reply. I do not have the time to reply to these now but will do so when I am out of hospital. FG - I have taken on board all your advice and have wrtitten to the Court this morning - as you have so kindly suggested. Many thanks for this advice. I have to prepare myself for hospital admittance now and my op later today so apologise again for the brevity of this message. Again sincere thanks to all. Hopefully will be in touch again soon.

My thanks to everyone for their best wishes. Unfortunately this is another one to be chalked up to the judge lottery. My SJ hearing was set for 2pm and we went in about 4.15pm My opposition was a high flying barrister from some Chambers in the Temple. Anyway he kicked off with his skeleton argument (which he tried to present to me about 10 minutes before the hearing was due - judge was not concerned). I diligently made notes of the points I was to raise and challenge when it came to my turn. This is when I discovered I was sunk without trace. The judge was not interested and would not allow me to challenge anything is Ms Powell's WS because it was a sworn statement of truth. Then she reminded me this was a forty minute hearing and she was going to finish in that time so I was told I could not refer to case law or submit such. I was unable to challenge the application/agreement or the DN as what Ms Powell stated was true. Then Carey was mentioned - great I thought as I have the arguments off pat for this but the judge would hear none of it. I thought to myself why on earth am I here! She then told me that my case was based on technicalities and had no merit. Anyway the SJ was given and I have 21 days to try and get the readies together then MBNA can go for enforcement. Talk about one-sided! My WS counted for absolutely nothing and everything the opposition stated was deemed as unchallengeable fact. Hopefully they will then discover that I am a 'man of straw'. Anyway I do not have the money or stomach for an appeal - I am in hospital on Tuesday for a major operation and this is going to knock me for six for a bit. I'm going to have a short break with the wife before my op and hope to be back on CAG again once I am discharged. Again I give my heartfelt thanks to everyone who has helped me in any way - many have become friends and I value this greatly. Do not be downhearted by my experience as I doubt if anyone could get a judge as one-sided as this one was.

A quick thanks to everyone for their best wishes for tomorrow. I have my bag of tricks packed and ready to go. So I am signing off now and relax in front of what ever rubbish is on TV. I doubt if I will get much sleep as I am sure everything will be spinning around in my head when I do get to bed. I really should have got some Red Bull in but good strong black coffee will have to suffice tomorrow to keep me on the ball!

A good idea if you can find one to take the case on. It will save you all the hassles and worry of preparing the necessary documentation etc. and presenting your case in unfamiliar surroundings.

Not a bad result. You live to fight another day! It gives you another 14 days to put together a stronger defence against the credit agreement. So you will need to get everything together that you can to take the original agreement apart. Go over it with a fine toothcomb and pick it apart. Anything you are not sure of ask.

It depends whether it was actually taken over from someone else or not. I have several cards where the account has benn sold on. Goldfish being a prime example - which has changed hands at least twice since I opened the account. Not sure about the reference to Mcguffick though. Due to the Carey case lenders are taking (or trying to take) more and more liberties in regards of what they do or do not have to supply. Hence IMHO a SAR request is always a better line to go down (albeit a more expensive one) to obtain all the documentation a lender may hold on you. If you do not make a S78 request then the Carey case in theory should not apply to you. I really would not panic about all this as the more rubbish they send to you the more they will contradict themselves and the more ammunition they will give to you if you come to the stage of fighting them in court.

Brief update. My SJ hearing is tomorrow and I am hoping I have enough information and don't get too tongue tied to get through this successfully. Win or lose I just want to thank everyone for all their help and support thus far. Should the worst happen then I will have to throw in the towel as much as I would hate to do this. This is because I do not have the funds for an appeal and I am due back in hospital on the 31st for some major surgery that will keep me out of action for six weeks or so. I will still be able to access my computer etc. but my mobility will be severly restricted and I probably will not have the stomach for any further fight until my health has sufficiently improved. Wishing success to all other caggers who have subscribed to my thread and are in a similar position to myself. Will post up the result of my hearing on Thursday evening.

It is always a good idea to post up copies of any documentation you refer to so peeps on here can see what you refer to to. Often they will also find useful titbits you miss that will help you when the time comes! Make sure you remove all the personal identifying bits first - but do leave the dates as they can be important particularly in relation to Default Notices.

You are currently in the very early days of anything happening so you have no need to start major worrying yet. But what MBNA will do is chase you through the courts with the intention of obtaining a charging order on your home thus turning an unsecured loan into a secured one. But I stress that is a very long way down the line. Your 'fun' will start when or if you receive the usual standard summons issued through the Northampton County Court. You probably have a few months still before that happens to you. In the meantime you need to read up on as much MBNA casework as you can and make notes of anything you think is relevent to yourself. You will find most MBNA cases follow a pattern so you can adapt information you find in the helpful threads to suit your particular case. Myself I have reached the Summary Judgement stage (hearing tomorrow) and I have received a lot of very helpful and important advice as I have gone along. Tomorrow I find out if my steep learning curve has been sufficient to get through this! If you have a read through my thread it will give you a good idea of what you will be facing: http://www.consumeractiongroup.co.uk/forum/showthread.php?254011

Your really do need to make a SAR so you have copies of everything MBNA hold on you. What is the status of the account now? Are you still making payments off the account. You will find that as soon as the account goes into default MBNA will chase you through the system using either Optima or Reston's - that is, of course, if you own or have a mortgage on a property. You may find it to your advantage to register with the CCCS or Community Legal Advice who will try and negotiate payments within your means. This MBNA will, as with me, probably refuse. But it does show that you are attempting to come to terms with your debt problem - something that will stand you in good stead if things result in court action. Don't forget to keep all paperwork including the envelopes that MBNA or their representatives send you. You may already be in the incessant cycle of threatening and intimidating phone calls these people make - do not get involved with them on the phone and insist everything is in writing. Refuse to go through their security checks when they do call.

Good luck - hope all goes well. I'm in the firing line tomorrow as well!!

Hi Dizzie, Tried PMing but your box is full. You need to have a clear out!

You are making problems for yourself by attempting to deal with them on the phone. Inform them that all further contact regarding the account should be in writing only. Then you will have a paper trail of what they state and not telephone conversations they will probably deny took place or will state were misinterpreted by you. First thing to do is get a SAR off to MBNA for all the documentation they hold on you - cost £10 and they have 40 days to comply. Then if they do issue a Summons you will already be on the road to getting the documentation you need to fight them. Also - very important - keep all copies of correspondence from them particularly any Default Notice when they decide to issue you with one (keep the envelopes). You will see the importance of this if you read up on other MBNA threads on here which is highly recommended so you will have a good idea of how MBNA operate. You will notice a pattern to their cases where they will chase you through the system using either Optima or Reston's. Their eventual target being a Charging Order on your property.

You need to have a list of points challenging the statement of Miss Powell. By Email I received something very similar yesterday afternoon for my SJ hearing on Thursday. Get your costs off to Reston's (by Email). They are happy to serve documents this way then they should have no objections to receiving them IMO. If you need a template to use send me a PM with a valid Email address and I will send you a copy of mine you can adapt to suit. Most important you get these to the court ASAP. If you can drop them in today before close of business.

If both accounts are with MBNA and in your name one SAR is enough but make sure you ask for information about both. With Carey there is a pdf file somewhere on here. Hopefully some kind person can give you a link. If not post on the 'Legal issues' forum and ask for a link.

They will probably supply a WS from an MBNA employee stating black is white and vice-versa!! Usually they do this to refute a DN has been sent 2nd class. So you need to be prepared to counter this or whatever the WS is they are providing. You should get a copy at least seven days before the hearing so you can counter whatever they have produced. If you have it already post it up. If you haven't ask them for it.

MBNA may have admitted they cannot provide a copy of the original application form but that will not stop them chasing you. What will happen is they will reconstitute what they think your original form should be! What you will have to decide is whether you have the stomach to take them on. If the fight begins you will be at the beginning of a very long road where the opposition will try every trick in the book to browbeat you and beat you into submission. If you look at some of the MBNA threads you will notice some have been dragging on for over a year and are still not settled one way or the other. If you bite the bullet and decide the best course of action is to attack you will get much help and assistance here to help you along that long road. If you have not done so subscribe to some of the ongoing MBNA threads and give them a good read through to see what you are letting yourself in for. You will find most follow a pattern where either Optima or Reston's will act on behalf of MBNA. So before you decide what to do familiarise yourself with what is going to take place. Forewarned is forearmed.

My God - what a nightmare for you! I do not know the answer but can sympathise with your predicament. Are you saying you did not receive the Summons in which the Claimant obtained judegement? I would contact the court and find out where the Summons was sent and by whom. If you had no knowledge of the Summons that should IMHO be grounds to apply for a set aside as you had no option to defend yourself. Hopefully someone more authoratitive than me will be along to give more pertinent advice. If not try clicking on the triangle in the bottom left of each post that states 'report post' when you hover the cursor over it - click on it and ask for a site team member to look your post over and they will point you in the right direction for sounder advice than mine. Good luck.

A quick one before I go - have a look at this post as it shows you how to work out the DN dates. http://www.consumeractiongroup.co.uk/forum/showthread.php?245159-series3-v-MBNA-Optima&p=3085110&viewfull=1#post3085110 Post 108

Have a look again at post 12 and the links included. Get a calendar and work out days of service from posting to the date you are supposed to remedy the default - using 2nd class post. You should find that MBNA have given you insufficuent time to remedy the default. You must put them to strict proof regarding postal method and when actually posted. I'm off out so do not have the time to do this for you but you may find there is a clause mentioned as well which does not exist on your original application terms and conditions.

MBNA will win and get the Summary Judgement. In very short order they will then go for a Charging Order on your property thus turning their unsecured debt into one secured on your property. Convince your spouse that it is in your best interests to put in an appearance in Court. If you give up MBNA will walk all over you despite your apparent strengths with the defective DN. If the SJ is refused then there will be a fair gap to the next round for you to prepare a full defence - or plenty of time to review your options. IMHO you should not just let them win without putting your case.