Hi SteamPowered, Thanks for you reply. Yeah, I did think we were going to get an extension and then when I look at the actual order again, the judge doesn't mention about us actually submitting the documentary evidence with this amended SSA form even though she said that at the last hearing to me. Anyway to be on the safe side, I am enclosing it all even though we still have nothing from the other side. Thanks again & wish me luck all caggers.

Hi everyone, Apologies for not writing earlier as I thought we might be given an extension to today's date for submitting our amended Setting Aside Application with all our documents as we only received the order late on 28.1.15 and we also had to get the medical letter in support of form N235. Some background:- We wrote requesting Section 78 of the Consumer Credit Act 1974information from one of my husband's credit card company MBNA in early Dec’10 (and also made a complaint about one of their staff’s conduct and not allowing my husband to close the account and freeze the interest whenever they increased the interest rate). Also, over time they had substantially increased his credit limit without checking on his ability to pay and the fact he had other credit cards with large balances too. MBNA sent a Default Notice saying if he paid the outstanding arrears by 31.1.11, no default would go on his credit files. So with some juggling of not paying some other credit card companies etc. that month, he paid MBNA the full arrears sum stated by bank debit card on 31.1.11 with the person reassuring him no default record would now go on his file. When we eventually got their late reply around February’11 for the above S78 request and complaint, they revealed that they had in fact defaulted the account at the end of Dec’10, after our complaint and S78 letters had been received by them! Thus after reading many bad reviews about MBNA online doing similar things and you can’t trust them, we stopped paying them altogether as the damage had presumably been done to the credit file already. Last year, my husband received a letter from Land Registry saying an Interim Charging Order is on the house but we didn’t know the alleged creditoror their solicitors at all. We thought it must be some kind of phishing letter to steal his identity or bank account details, especially as the County Court for the ICO was listed in Norfolk and we never received any notice of the hearing. We live in London. When I contacted Kings Lynn to find out how this was possible, I was told that my husband had agreed to pay them by instalment but then didn’t and so there was a CCJ in July 2012! I said we didn’t know this company Arrow Global Guernsey Ltd. (let’s call them Z) nor did we have an opportunity to fin dout about the claim so we could defend it. I was told we didn’t need to be there as the CCJ was done without a hearing at County Court Business Centre in Northampton. But we could transfer the Final Charging Order hearing from KingsLynn to our local court and then apply to set aside the original CCJ when it was listed there. Unfortunately, due to the stress of Christmas, I was ill and we both were unable to deal with things when we received the listing date just before Xmas. Anyway, I recovered enough to start deal with things when my child went back to school. I was told by our Law Centre to make an appointment to deliver the Setting Aside Application (SAA). But I just could not get through to the Court until 8.1.15 and the Final Charging Order hearing was 9.1.15. I was told it was too late to postpone the hearing despite us having problems getting through and being given the wrong advice about an appointment being necessary to hand in the SSA form. But she said if I wrote a full email explaining why we did not hand the SSA form earlier, the grounds to set it aside, if my husband could not attend due to ill health, to ask for permission for me to attend instead in case the FCO still went ahead. Also I had to hand in the SSA form by 4pm that day in order for a judge to consider whether to postpone the FCO hearing. So after hearing that the FCO may still go ahead, my husband had a panic and anxiety attack and started blaming me. Hence my poor emails and distressed handwriting on the SSA form and I didn’t have time to check it but miraculously, I was able to hand in the form at 4pm. I signed the Application form N244 as a litigation friend and did my husband’s statement on his behalf as a litigation friend because my husband had started to act and think irrationally and illogically again and he refused to go to the court hearing even though I told him it might mean he automatically loses the case. The idea of attending court also brought on a panic attack. I also did the Witness Statement as it said a Litigation friend could do that: briefly, the ICO should not have been given, as our address was not used for the CCJ hearing but another address in the North of England! Plus of course we don’t know Z and whether they have a legitimate claim to the debt as we have received no paperwork evidence and Statutory documents from Z, especially as the credit card debt should not have been defaulted without the proper notice. Plus we never had agreed a payment by instalment plan either with MBNAdue to their early defaulting of the account or with Z. I also put on the form that the judge orders the other side to provide all the documents they used to get a CCJ, if indeed it was them as the Applicant, and all the documents they supplied to get the ICO and then we will provide our evidence later on too. 1) The alleged creditors or their solicitors did not arrive for the 10 mins hearing. So it was about 30 mins later, that the judge saw me only. The Court Usher had told me if it had been us that did not appear, she would have ruled against us after 10-15 mins of delay. 2) The judge would not agree to make an order for an exchange of documents even though I had said that we had received nothing since the alleged creditor (or CCJ Applicant) had the wrong address for the CCJ, as we later found out in a credit report, but used our address for the charging order. (We never received any application form, hearing notice or documents from Kings Lynn either.) The credit report does not state who the Applicant was. Plus we want proof that they are legally entitled to this debt. 3) Nevertheless, the judge did say we had to submit our documents at the same time as when my husband makes an amended SSA, along with either form N235 or adoctor's letter, as I can't be a litigation friend without these apparently. It does seem unfair that we are giving documents before we know what claims the other side has made or will make and what documents they hold, so we can investigate further. That is why I asked for an exchange of documents to be done at the same time. 4) I would like to know if all the above points are against Court Procedures and what we should therefore do? She even asked for the SSA hearing and FCOhearing to be held at the same time and reserved for her if possible, as she seems to want my husband to be there or else she might make him a Ward of the Court of Protection if he does not turn up and he hasn't submitted the N235 or Dr's letter. 5) As the order was long, she told me I didn't have to write it down except for the N235 (Certificate of Suitability) as it would be sent to us. 6) Despite not receiving the written order detailing the above until 28.1.15, I was told that no-one asked the judge to extend the 30.1.15 deadline, despite my previous calls requesting this! 7) Plus I have had problems getting any documents of the actual application form from Northampton Business Centre Court as it was apparently an online application and my court has only recently given me the judgement orders as the only things they have. 8) We recently did a S77-s79 to Arrow’s solicitors Restons but they returned it saying that there is already a CCJ. So they may not know we are having a hour SSA hearing with possibly a FCO hearing too. So does that mean they should provide us with all the requested documents or is this a ground to win an SSA hearing anyway because if they had a legitimate claim, they would provide us with the documents? They must know that the FCO hearing did not go in their favour. 9) The defence we used is a wrongful termination of account when the arrears were paid by the date requested on the DN. Am I correct that if MBNA assigned the debt to Z, irrespective of whether or not we knew it, then Z cannot ask for the outstanding balance due to this wrongful termination? I would appreciate your input on my above concerns and how we should proceed, especially if we have grounds to win the case. Thank you in advance.

Hi M1 So did you report MBNA to the Infomation Commissioner for registering a default before your notice had expired? Also, is this 6 years statute of limitations mean they don't actually take court action from 6 years of your default, even though they correspond with you? Or does their correspondence means that the 6 years to being a statute-barred debt has not started yet? Thanks DemandFairness

Hi Mystery1, So what happened after you sent your letter in reply to MBNA's letter of 4 Sept 2009 to your mum? Did MBNA give you the further documents you requested under the CCA s78 and did they do it within the 1 month deadline I think you mentioned above? Also did MBNA comply with not informing CRA's etc because of their default in not providing the info to your mum? Thanks as we currently have still not received the CCA s78 information from December 2010 and not sure what to do next given other threads on this forum. DemandFairness

subbing DemandFairness

subbing DemandFairness

Hi everyone, Caro sent me to this useful thread. I agree with DD that Charging Orders, Sales Orders and Bankcruptcy should all be at £25,000 and then lenders would act more responsibly. Is anyone doing a campaign or petition for this higher limit so I can sign it? Thanks, DemandFairness

Caro, Thanks for sending me the Charging Order thread which I did not know about. DF

Hi Tingy, Thanks for answering all my questions in your post #29 and your supportive messages throughout. We really do appreciate it! Also, I think the red was very useful as you can see the answers immediately and still see the original questions there and then. (I have been using bold for urgent or important questions but perhaps colour would stand out more, if others here don't mind?) BTW, your link above in point 3 doesn't work. So I did a search for charging orders at the site you mention and found the article. Lots to read and decide now. DemandFairness

Hi Caro, Thanks for the news link from the BBC. DemandFairness

Hi Tingy, Thanks for the email. DemandFairness

Hi Tingy, Thanks for your comprehensive letter reply. Given that Monday is 31.1.11, does anybody have the email of someone in authority (or the best person to deal with this matter) at MBNA that I could send the letter to? I don't want to risk sending them a registered letter on Monday as they won't get it until Tuesday at the earliest and I don't want them to use the excuse that they have not heard from me since 31.12.11. Thanks, DemandFairness

They seem to have gone quiet in January with the phone calls since we sent that email complaint to them in December about privacy and phone calls. Or, is it due to them sending the DN and they are now following a different tactic? Does anybody have a similar experience with MBNA's new behaviour and should I be worried? DemandFairness

Hi Tingy, Thanks for your reply. Sorry for not replying earlier today as the sleepless nights and high stress made me ill today. The £2500 is the arrears but the total including arrears is about £17,000 and that is what they say we will have to pay immediately as they will terminate the agreement if we don't pay the arrears before 31.1.11. 1) We didn't pay anything in December, as no CCA. You suggested we continue to pay what we can reasonably afford but if we rang them to pay the amount we recently were paying, can they refuse it as it wouldn't be the £2500? 2) Tingy, you made me aware of the benefit of the inflation devaluation of the charging order which we had not thought of before. So thank you and is there a link to the pros and cons of having a charging order? 3) We are particularly worried whether our other creditors would raise our interest rates because of the charging order. Is that likely and would the £17,000 still increase at their high interest rate or the 8% statutory interest rate or remain at £17,000 due to no interest, as it is now a secured debt of being a charging order? 4) Now that you know the debt is about £17,000, does that mean we would be forced to sell our house if they wanted that? 5) We don't have a scanner but the DN seems to have the points you mentioned through a link you posted. However, we don't know if the arrears are correct as we didn't get all our monthly statements from them. Thanks DemandFairness

If this is not the correct forum to ask these questions, where do I ask them? 1) Does anyone know if you pay off the credit card debt, through loan or otherwise, would that prevent you pursuing a claim for past interest and unfair charges from MBNA? 2) I tried to vote for Scrapper's petition about holding data for 3 years but it says it's closed. So did the government agree to do something about it or not? This would be very useful to know as a decision tactic. BTW, am I allowed to PM Scrapper to ask him this last question as nobody has answered the petition question (and I have to make a decision very soon) or is that forbidden? Thanks DemandFairness