Hi guys gh - good point about making 1st payment - will make sure its made before the hearing Yes Robin, i did Q10 as a statement and attached copies of all the documents I referred to in my statement. I have taken on board what you both have said and will defo be practicing what I will be relying on with a file marked out where to find the various docs etc. and all the while, bear in mind that I was the one who was wronged here. Interestingly I had a letter today from the sols asking for Income/Expenditure (with proof of both!!) before "our client will consider your offer"!!!! What a flaming cheek!! Updates as and when Thanks (as always)

Application made on Monday. Rang today with progress enquiry and case has been listed for hearing at same time as re-determination hearing :-|. Just hope the notice confirms that enforcement has been stayed til this date What should I expect? I intend taking along my copy of the papers supplied with my application - presumably this would be enough? Is there anything I need to be wary of? My concern would be that the judge might look at papers but be aware that claimants sols will be sat in waiting room, ready with bill for wasting of their time, and feel disinclined to set aside the original judgment.

Thanks for the pointers Robin - was worried that I might be putting too much but have amended my statement to relay the events. Will get it into court tomorrow and update (hopefully with a big fat WON!!) in due course.

Thanks Robin This is what I've come up with for a statement but please pick it apart and make suggestions for improvement ---------------------------------------------------------------------------------------------------- On April xxxx 2010, I made full admission of this claim along with an offer of affordable payments to the Court on form N9a. I also sent a copy to the claimants. The claim is for an amount of money due under a loan regulated by the Consumer Credit Act and as such, any admission and offer of payment can be heard without a hearing in accordance with CPR 14.11. It became apparent to me on July xxxx that events had taken place without my knowledge when my husband was served with an Interim Charging Order (that was subsequently made final on August xxxx 2010.) Enquiries to the Court revealed that the documents which should have been posted to me were in fact posted to the claimants solicitors Wragge & Co. The solicitors chose not to forward the documents to me therefore I was completely unaware of any instruction by the Court. In failing to ensure the Orders were served upon me, the Court has made errors which have had serious consequences for me and I request that the original judgment of June xxxx and subsequent Charging Order of August xxxx be set aside. ----------------------------------------------------------------------------------------------------- I have deliberately kept it short and sweet but not sure if this is enough??? There is a re-determination hearing allocated for Sept 8th – do I point out that this should now be vacated or should I make no reference to it at all? I don’t want to ignore it then find out that that I should have turned up!! Need to get this lodged at court tomorrow so looking forward to your thoughts/suggestions.

More than just a smile, was a great big belly laugh when I saw the final act on tonights x-factor OMG, she was hilarious!

Right, here's what I've come up with so far but not sure if its too much info Q 3 What order are you asking the court to make and why? I am applying for a set aside of the judgment made on June xxxx with subsequent Judgment on June xxxx, made final on Aug xxxx 2010. I am also applying for a stay of execution pending the re-determination hearing due on xxxx Sept 2010. Q 10 What information will you be relying upon? The evidence set out in the box below: Due to the courts administrative errors I have been deprived of the proper process which has been severely prejudicial to me and has led to a flawed judgment that in turn has allowed a Charging Order judgment on the basis of that incorrect judgment. I withdrew my defence to this case on 28th April 2010. Under CPR 14.4, I made a full admission to the claim with a request for time to pay on form N9A to the Court with a copy sent to the claimant. The claimants solicitors wrote on May 5th 2010 that they had received my offer but did not advise whether the offer was accepted or rejected. I heard nothing further from the court nor the claimant. My husband was served with an Interim Charging Order in August and this led to me making enquiries where it emerged that the Court had been sending my documents to the claimants solicitors, Wragge & Co. The solicitors did not forward these documents to me so I was unaware of any judgment or hearings prior to the serving of the Interim Charging Order upon my husband. We both attended the Final Charging Order hearing on 6th August where District Judge Merrick gave instructions for me to pay £15 per month and allowed the claimants request for the Charging Order. I have since received notification that the claimants have rejected my offer of £15 per month and a further re-determination hearing is due to take place on September xxxx 2010. It is my belief that the original judgment was flawed because the Court did not exercise its powers. Under CPR 14.10(4) where the court receives the claimant’s notice, it will enter judgment for the amount admitted (less any payments made) to be paid at the time and rate of payment determined by the court. Under CPR 14.11(2) it must determine the time and rate of payment without a hearing. Upon reviewing the documents now made available to me, it reveals that the judgment made on 10th May 2010 was to order the hearing for 1st June 2010 where the judgment order was entered for the full amount due forthwith. Had the judgment been properly entered, I would have been making affordable payments and the claimants would never have been entitled to a Charging Order. How does it look?

Guys (or ladies) thank you so much for all this. What I want to do is to get the forthwith judgment changed to what it should originally have been ie. full admission with instalment order. I suspect that I could defend the entire claim on basis of mis-sold PPI but have other things in mind so would be happy to get f/with changed plus the CO squashed. I'm gonna need all your help to get this done before the court opens on Monday. So, as well as what I have put together so far, do I add that I am also applying for the original judgment to be changed or how should I word this? In my evidence statement - I will add the CPR points made by Robin and, again, does it need more?

I have put on front of form: I am applying for a Stay of Execution. There is a re-determination hearing due on September xxth 2010. Q 10 where it asks what info I will be relying on, I have ticked the evidence set out in the box below and so far have come up with this: I was advised to withdraw my defence to this case in April 2010. I did this and submitted a form N9A to the Court with a copy sent to the claimant. I heard nothing further. My husband was served with an Interim Charging Order in August and this led to me making enquiries where it emerged that the Court had been sending my documents to the claimants solicitors, Wragge & Co. The solicitors did not forward these documents to me so I was unaware of any judgment or hearings prior to the serving of the Interim Charging Order upon my husband. We both attended the Final Charging Order hearing on xxth August where Judge XXXXXX gave instructions for me to pay £15 per month and allowed the claimants request for the Charging Order. There is no mention of the £15 monthly payment instruction on the judgment I have received from the court however. I have since received notification that the claimants have rejected my offer of £15 per month and a further re-determination hearing is due to take place on September xxth 2010. I am currently taking advice in order to apply to have the Charging Order or the original judgment set aside. Is this enough or do I say more - I'm tempted to refer to the courts administrative errors but don't want it going against me.

Thank you so much

Thanks gh. I don't have a clue what I should be putting on the N244 tho - please can you tell me? Would this mean that nothing could happen prior to the re-determination hearing?

Thanks ganymede. My plan now is to ring the court on Monday to check whether the payment ordered by judge at CO hearing was recorded because if it was, a payment will be due (and paid) before the redetermination hearing in Sept. I'm also thinking that it may be prudent just to make that payment regardless since the judge may be inclined to look favourably upon me (for a pleasant change ) if I have paid it even if it was an informal agreement at the CO hearing.

Managed to speak with a solicitor yesterday who said that it would be pointless asking for set aside since I withdrew my original defence He also said there is no possible way to set aside a CO on its own - its original judgment or nothing So I'm gonna have this CO for as long as we own our home but would be paid off if we sell or would be 3rd in line after 1st mortgage, 2nd secured loan (from same lenders as 1st mortgage) in the event we were repossessed or went through mortgage rescue (a very real possibility). He said that the hearing due in Sept is because the claimants rejected my offer but that the judge must order the payment in line with my ability to pay. THEN I read what gh2008 said about HCEO's and now all in a dither again What power do HCEO's have and are they allowed even if I am paying in accordance with court order?? I found this on the HCEOA.org.uk website: What judgments can the High Court Enforcement Officer execute? The High Court Enforcement Officer can execute: Any High Court Judgment or; Any County Court Judgment where the amount to be enforced is £600 or more and the original claim did not arise from the Consumer Credit Agreement. I have highlighed the bit about CCA since this debt is a CCA regulated loan and need to check whether this means I'm safe

Am no help to you but I have alerted the site team and I'm sure someone will be along soon.

Have to agree with RichardM - best thing I have ever bought and his explanations are spot on

Couldnt finish this last night as site went down Comments on my proposed N244 would be most helpful ---------------------------------------------------------------------------------------------------- Q3 - I wish to apply for an order to set aside the judgment made on 1st June 2010 which was made after a hearing took place. Owing to administrative errors by the Court, I was not notified of this hearing and could not attend. I also request a stay of execution, preventing any enforcement action until the outcome of this application is known. Q4 No Q5 At a hearing?? Dont know if this is right?? Q6 15 mins?? Q8 DJ Q9 Other side?? Is this necessary?? Q10 evidence set out in box below: Owing to the Courts administrative errors, I was not served with any documents - these were sent to the claimants solicitors in the mistaken belief that those solicitors were representing me. As a result of these errors, I was unaware that a hearing had been set for 1st June at which Judge xxxxxx made a forthwith judgment against me. As I had already submitted a form N9a requesting time to pay, it would appear that this judgment is flawed. Subsequent enforcement has also taken place which I believe would not have happened if it were not for the courts errors. I have been severly prejudiced by the judgment through no fault of my own. --------------------------------------------------------------------------------------------------- What do you think? Is this good enough?

I didnt know this could happen, especially since our home is in joint names etc I will download an N244 tonight and get it lodged at court tomorrow but will probably be asking for your opinions before I do

I did apply for variation prior to final CO hearing and the claimants rejected my offer hence another hearing listed for early Sept (although this shouldnt have been necessary since the judge ordered it at the final CO hearing) :?

Sorry but I dont know what this means - helpppp Have googled it but it doesn't really explain what this means in my position Heres the Final CO sent after the hearing on 6th, in which the judge also ordered monthly payments of £15 but theres no mention of this on the Order This is all such a mess........

Reply from court received today: http://a.imageshack.us/img36/710/replyfromcourtrecomplai.jpg So, does [i]incorrectly updated[/i] mean that they admit to not sending me the documents in which case, a set-aside should surely be a formality or is that me being too optimistic? How should I proceed guys?

Opened todays post and got this! What a flaming cheek!! Uploaded with ImageShack.us

Thanks gh This needs to be done by yours truly since the free consultations will not begin to unravel the chaos here, lol and sadly, legal aid has been denied and Income Support doesn't stretch far enough to cover sols bills

So will the fact that I submitted an offer of instalments on a form N9a be sufficient to get the order set-aside? I can show a copy of the original letter to both courts and claimant which has the following in it: I enclose Form N9A with an offer of monthly payments. The information has also been forwarded to the Claimants Solicitors. I also have a copy of the N9a which I saved when I posted the letters above.

Thanks guys - hubby is in process of opening an account in his sole name so I think we'll leave the joint one and see what the OR says. In the meantime, all DWP payments, Direct Debits etc will be transferred to the new a/c, just in case, lol

Letter received from court today enclosing the original judgment dated 18th May. As you will see, they accept my offer but no reference to the instalments I offered, just a forthwith judgment http://a.imageshack.us/img835/3892/36475877.jpg http://a.imageshack.us/img405/1724/37397862.jpg As you can see by the letter, they are investigating my complaint. Anything more I can do at this point?

I have my subbed threads but still can't access the previous posts by members prior to upgrade