I would make sure you head it "Very Urgent" and make sure that you get a copy off to Restons as well. Make sure you keep the "Sent" receipts...................and keep everything crossed for a decent judge !!

As wycombe has earlier advised, Restons do NOT play fair so you should always be prepared for the pile of tosh that they will throw at you at the last minute. Here are three fine examples - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended.html (not MBNA but has some good stuff from pt2537 in it) http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

Correct. setting aside the CCJ takes the case back to the point of the Claimant having submitted the claim which is when you would receive the Particulars of claim. Please do be aware that you must have good grounds for a set aside application or you could face a costs order ! Have a look at the links below - Setting Aside a CCJ - A Guide To Setting Aside CCJ's You Never Received CCJ removal inc. step by step guide Applying for a Set-aside Spamalot - CCJ and interest on debt. ***WON*** Setting aside the original CCJ of your CCA

...........and if you get time, submit your costs to the Court and Restons. please do let us know how you get on.

I suppose if you don't ask you don't get ................you are cutting this very, very close to the wire !! Is the Court hearing for Summary Judgment ? If so, you need to knock up a quick witness statement and get it submitted to the Court as soon as they open....and hope they'll accept the filing.......then fax a copy to Restons straight away................and do all this before you present yourself to the Court usher for your hearing !! You seem to be aware of Consumer Credit law so you should find what you are looking for on the site. Here's a few links on WS's ..........................and good luck !!! http://www.consumeractiongroup.co.uk/forum/legal-issues/265332-help-require-default-judgement-post3005117.html?highlight=witness#post3005117 http://www.consumeractiongroup.co.uk/forum/legal-issues/253800-summary-judgment-process.html?highlight=witness#post2853349

Have you sent a Subject Access Request to the original creditor ? Have you sent a CPR 31.14 request to the claimants solicitors ? Have you sent any further letters to the creditor or claimant ? Have you had a look around the site at threads featuring the claimant ? What documents have the claimant sent you ?

You can apply to set aside a CCJ at any time. The legal authority for this is Southern & District Finance plc v Turner (2003) Link here - http://www.consumeractiongroup.co.uk/forum/show-post/post-2698393.html

You may disagree with car2403, but unfortunately the link posted is the correct legal point. Sorry M2AE........... I think you'd get stuffed, trussed, hung, drawn and quartered by a Consumer credit law savvy Judge if you debated your point.......... a very expensive mistake to make !!

You could apply to court on an N244 for a re-determination of the judgment dated XX/XX/XXX under CPR 14.13 and state this is box 3. Do this within 14 days of receiving the judgment and it is free, otherwise you may have to pay at least £40.00 Have a look at the links below on Charging Orders and what grounds you may oppose them - Insolvency Helpline National Debtline http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

Pleased for you that it is all over..................the Court should now send you a Court stamped Order stating the case has been discontinued.......keep it safe !

Unfortunately, you had best attend the Set Aside hearing with a list of your objections. Not what you want to hear but if you are going to lose everything ........

Not something I can advise on I'm afraid, but I think you'd be heading for very expensive litigation if you tried to counterclaim for defamation.

Whilst LTSB may have another Data Controller for Insurance services, their previous literature indicates what procedures must be followed to cancel etc. then that dictates who controls the Data.........unless LTSB have informed you otherwise since, in writing. I would investigate to see who owns LTSB Insurance services. If it is LTSB, then your original SAR is enough as this is a request for ALL the data that LTSB have on you. I would also point the Judge to the said literature that states their communication path regarding cancelling PPI etc.

Make sure you ask them in Court to prove the service of a Default Notice..........it is a legal document and a legal requirement that one is served before any legal action should have commenced.

Ahh, sorry. Have a look at this link and read the para headed "Can the creditor sell my home?" Charging orders in the County Court Unfortunately, I do not have any legal references to back the info up. I would advise that you try to get legal advice for this. Check your house insurance policy to see if you have any legal cover.

Yes you can. I'd read this thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html I do trust you have sent a Subject Access Request to the original creditor.

I'd certainly point out that the Houses Of Parliament passed the Consumer Credit Act NOT a High Court Judge sitting in a County Court. I'd also advise you re-read this post - http://www.consumeractiongroup.co.uk/forum/show-post/post-3026072.html Please could you also type up exactly what Restons have stated and their proposed arguments in this latest fax.

You could apply to set aside the CCJ but you would need to move quickly. this would be the way to go if you have a valid reason as suggested in the links below. Setting Aside a CCJ - A Guide To Setting Aside CCJ's You Never Received CCJ removal inc. step by step guide Applying for a Set-aside Spamalot - CCJ and interest on debt. ***WON*** Setting aside the original CCJ of your CCA Have a look at the links below on Charging Orders and what grounds you may oppose them - Insolvency Helpline National Debtline

Yes, a Judge should listen to what you have to say. You are going to have to put your skates on to get something together for the Court on Wednesday if you really wish to oppose the Charging Order. Have a look through the links below - Have a look at the links below on Charging Orders and what grounds you may oppose them - Insolvency Helpline National Debtline A Guide to Charging Orders by Sequenci

Should Restons not play ball and then try to ambush you in the Court room then you simply ask the Judge for an Adjournment. If Restons try to serve any documents to you on the morning of the SJ just before the hearing - refuse them and state that you will inform the Judge of such underhand tactics.

You need to take (or send) one copy to the Court and send a copy to Restons. As an aside - Some Caggers may not be able to advise as to the help you need..............and also some people visiting here may not be in a position to log on (for example - being in work). Most of the advice you require should be easily found using the search tool located at the top of the page.

What exactly are you trying to do here ? You state that you have gained a Set Aside against your Mortgage company but what was the claim for ? Please do remember that the set aside will only take the claim back to the point of issuance of the claim. Please can you post details of the "Unless Order" Please can you post up how you think that they owe you money.

The authority is Southern & District Finance plc v Turner (2003) There should be a copy on the site. I think there was also a post by pt2537 on the subject.

I think you'll need to request an adjournment. Write to the claimant asking if they'll agree ....or ring them as it is getting close. Then apply to the Court.

It may be better to resubmit them, so they are to hand for the Judge so he's not going back through a pile of paper..............you want him on your side so may just make it easier for him.