Hi PT, Spoke to the courts today and there is no decision yet if the case will be set aside. Was told to call back again in a couple of days as Easter has disrupted normal court hours.. Kind of felt that I was a thorn in the clerk side. But will call back in a couple of days. Called Shakespeare Putman and got straight through to an answer phone (direct line number) saying that he was unavailable at the moment but leave a message. The message we left included all of our details, Ref claim number, name and address including our telephone numbers. We respectfully asked if we could have a further 7 days to comply with his letter since the Easter Holidays had not allowed us to seek the professional help that we required since people took extended holidays to those of national holidays during this period. We also asked if he was unwell to grant us the 7 day extension to let us know. Ok, so what do we do now? Many thanks in advance, Jon

Thank you, you have set my mind at ease somewhat. I will call the court on Tuesday Morning and do the same for the solicitors. I Have an hospital appointment on Tuesday but i will post you my replies on return. Again thank you for your support. Jon

So how do I go about getting an installment order in place? You mention "we need to seek redetermination of the judgment and to have it set at a affordable level" DO you write to the Court or the Solicitors. DO they have to comply with the CCA request that i have asked for so we can see all particulars of the original loan? Will they make us sell the house instead of accepting / fighting such a redetermination of the judgment? What about the N244 that i have filed? Wwat happens there. I take it there are mistakes in my form? Sorry for all the questions

I live in Worcestershire

It will have to be Tuesday morning then. What do i do about Shakespeare and Putmans's letter. do i reply?

I do feel it, but its the waiting for positive replies on what to do next. My wife thinks its best to offer thhem a token payment and hope they dont go for a charging order.

My biggest fear is that after reading through the forums they will go for a charging order after 4pm on Tuesday. I am unable to pay the whole amount they are asking for as I am not working due to illness. (I have muscular waisting) Should i not risk this and offer what i can offord which will be a few pounds each month and hope they do not go for a charging order. I really didn't get a claim form and their Solicitors Shakespeare Putman letter makes my stomach sink.

What order are you asking the court to make and why? I would like the judgment set aside because i have a defence which i would have filed had i had a claim pack because 1. The agreement may contain false information as the bank employee wanted to mis-sell me a loan which was unsuitable to me. 2. I suspect that the amount the claimant is asking for contains unlawful charges. 3. I request full disclosure of documents. Have I attached a draft order? I ticked No Ticked evidence set out in box below Having been made aware of my rights, i have wrote to the claimant making a formal request for information pursuant to the terms of the consumer credit act. 1. I am trying to find out if the claim of debts is lawful. Letters attached. As yet the claimant and the solicitors have failed to satisfy by reply to the request for original signed copies. 2. I believe that the loan was mis-sold to me. 3. Information that secured the loan was fabricated by the bank employee to secure the said loan. 4. I also believe that there are unreasonable charges being added to the account . In light of the above I ask the court to grant my request to set aside judgement. No draft defence supplied with N244 since Andy was going to help me with this.

I think i have made a big mistake here trying to defend this. I will type out what was in the N244.

God i am in a mess i can not even type the correct date from a judgment notice whilst reading it!!

Sorry I missed typed. the Judgemnt for claimant (in default) was the 21st of march not the 20th. Sorry

I received Judgment on the 16th of March. We did not receive a claim pack prior to this. On instruction we sent the following:- CCA Request 30-03-09 Sent Recorded Delivery to RBS Subject Access Request Request 30-03-09 Sent Recorded Delivery to RBS CPR 31.14 30-03-09 Sent Recorded Delivery to Solicitors Original Summons Requested from the CC Sent in N244 asking for judgemnt to be set aside on the grounds that we had not received the Origianl claim pack and we believe that we were mis-sold the loan and that particulars of said agreement we believe to be fraudulent due to the bank employee misrepresnting our true stautus for the loan in the first place. Andy was supposed to help us with our defence but we have not heard from him and now i am very worried and low since receiving the letter from the solicitors.

Hello everyone, I have only to Tuesday 4pm to reply to the solicitor's letter. Unsure of my next step. RBS have replied to my SAR but not to the CCA. Any help would be really appreciated as if i need to mail something it really needs to be today / tomorrow Kind regards Jon

Any help will be really appreciated. I have received a letter from the Solicitors acting for RBS in reply to the CPR 31.14 30-03-09 Sent Recorded Delivery. It reads : We write further to your recent letter dated the 30th of march 2009. Perhaps you would explain why you would consider our client is under a continuing duty under CPR31 to disclose documents as judgment has been granted. In absence of any proposals for repayment being received by 4pm on the 14th April 2009 our client will immediatley enforce their judgment without further notice. Your faithfully, Shakespeare Putsman LLP copy can be found here As you can see i have untill the 14th to reply. Jon

Hi Andy, I haver not had any reply to date from the letters that i have sent. I think that i should file my defence soon. Your help on this Andy would be so very much appreciated. Regards Jon