Thank you! I wondered if it was just me!

I don't think the forum is allowed to recommend a solicitor. I think you'll have to research that yourself I'm afraid.

So why say that? Anyway, it's not that important; I just found it odd that you could make a £300,000 cash loan and were then, or at least are now, entitled to ESA.

Yes, so *you* told me that didn't you? I think we may have got our wires crossed here!

I thought this was what you said?

And you were able to make a £300,000 cash loan? As for the exemption, I think you will need to complete a form with evidence but I'm not too sure of the details.

Why not?

Applications to lift stays tend to be done without notice as they are procedural. When you receive the order it will contain details of your right to apply to set it aside though.

For that amount of money I would suggest you instruct a solicitor. You don't want to lose that sum due to an error.

You got your money back!

Oh, yes, the joys of Salford! I'd forgotten about that. I hope the OP will let us know how he gets on. I'm still not clear why he's refusing to use MCOL?

If your case is allocated to the SCT tgen the final hearing will be in chambers with you, the judge and the other side (small claims final hearings are technically public but no one ever wants to go and watch one). If your case is allocated to the FT the trial will be in open court with the judge, you, the usher and the other side. The hearing will be more formal; you will stand to make submissions, the lawyers will usually be robed etc, and it will be a larger public court room.

Yes, MCOL is designed to be the easiest and most effective method. As for physical courts, it's really up to you; you can issue in your local County Court for convenience but beware that if the defendant is an individual and the claim is defended then it will be transferred to his local court. How much are you claiming and is it a fairly straightforward contractual claim? I assume the High Court will not be necessary.

There is no merit in the above points so focus on other things. Also, beware that the existence of negative equity (even if proved) is no bar to a charging order.

Does your friend oppose the application? If not, there's no actual compulsion to attend. If you want the court changed you will need to make a formal application on form N244. Why on earth has this been left so late (the order is dated 29th February)?

The OP has now had the benefit of different views on this issue and has made an informed choice. That's the aim at the end of the day so a job well done by all!

I would also appreciate it if the mods stopped editing important parts of my posts; this is far too serious an issue to the OP for the rest of us to dance around the obvious inaccuracies in the advice being given by others. I believe the primary purpose of this forum is to give good advice, the advice being given is negligent, irresponsible and would be hugely damaging to the OP if followed.

So you force their hand and they make you bankrupt or take all of your assets or force a sale of the house etc... Once the payment arrangement is defaulted on the entire remaining sum becomes due in full and is enforceable. I'm sorry but the advice being given above is terrible advice, if you want to play games with the judgment creditor then do so with your own debts; don't advise a stranger to take such a stupid and unnecessary risk with their life. To correct another piece of inaccurate advice, there is no limitation on a charging order application.

i wouldn't just stop paying, there is a CCJ in place whatever the CRA shows and you have ample evidence of the chain of assignment; if you stop paying the creditor can take action to enforce the debt such as bailiffs or applying for a charge and then sale of your property. The creditor can at any time apply for a variation to the original order to change the payment amount so that advice is also totally incorrect. implying that you need only pay for 6 years and then the CCJ is somehow satisfied, even when thousands of pounds are still owing, is entirely beyond me. poss confused the CRA file with the right to enforce an unpaid CCJ but that is a very strange mistake to make. I hope you see this message in good time to keep making the ordered payment to the creditor.

It's a calculated risk because although an application will cost you may have it dealt with by the judge on paper and the new hearing date can be notified to the other side before the originally scheduled hearing so they do not attend. If you write a letter it may be ignored entirely or just placed on the court file for the judge to look at in the hearing; you then run the risk of the hearing going ahead anyway or, if it does get adjourned, you being ordered to pay the other side's attendance costs which could be more than the cost of making a formal application! Of course you could write to the other side first with medical evidence and ask them to consent to an adjournment with a warning that if they refuse you will be forced to make a formal application and seek to recover your costs of it from them.

You can complete form N244 which is the general application notice.

You can produce a witness statement in reply. There is no fee. Off the top of my head it must be served no less than 3 days prior to the hearing, the rule is in Part 24 if you want to check.

You seem to be looking for a definitive answer, only you can decide if you have a real prospect of successfully defending the claim such that you feel it is worth your time and your money in trying to get this set aside. I have given my opinion, which is that the application is a non starter, but no one can tell you whether it is something you should do. You also mention how to show promptness, again as I have said earlier I do not think that you can and the application will fail. That is just my opinion though, it is your money at the end of the day.

Absolutely not, that is entirely incorrect. You have had your refund so the PPI issue is done.

See my earlier post setting out the test etc.