Hi Northstar, thank you for your support Our situation is very similar, this too is my husbands debt (but we are fighting together) We are waiting for the subject access request from the MBNA but have not heard a peep out of them since we requested it over a week ago, but I suppose they have a few weeks to go yet. However, we also applied to Restons (and the MBNA) for the CCA - Restons sent it back with the £1 postal order and saying the following: Please find enclosed a DRAFT LETTER which purports to come from you but which is unsigned You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response. I also spoke with a guy from the CCCS about CO and the retermination hearing which is actually on the 30th and not the 31st as I said!!! They informed me to defend the payments the CCCS by stating that nothing has changed since Northampton CC so why did MBNA/Restons want a redetermination if that is all we can offer - he also stated to treat the CO like a secured loan on your property and not to worry about it!! Easy to say when it is not you that could end up with a CO! I will check out your new thread and yes lets hope we can support each other - Jen

Just to let you know the hearing is on the 31 March 2010 - we are going to put a defence together in the hope the judge will not do a forthwith judgement.

Hi just spent a couple of hours reading threads and come to the conclusion that what restons/mbna are really after is a charging order, if the judge turns this to a forthwith then they will get what they want. Is there any mileage in the fact that the DNs were possibly incorrect so therefore the original ccj is invalid

Hi we have just recieved the notice for our redetermination hearing 30/3/2010 @1045am Now we need to work a defence but am still not sure which way to go any help/advice welcome

It is a Notice of Transfer of Proceedings and states the following: To all parties This claim has been transferred to the Chester County Chourt for that court to deal with the claimant's application for redetermination. That court will send you and the other parties notice of the time, date and place of hearing. It is issued by Northampton CC Nothing has changed from the original paperwork sent. The CCCS ran through our expenditure and updated it and sent us a copy to send with the initial Court Application

Thanks again for all you help.

Thanks so much - yes if anyone is will to come along that would be great - really can't thank everyone for their support. Court case will be held at Chester the home town of the MBNA!!!

Yes we do own our own house. So it maybe as well to attend court and see what happens??? We may get a 'nice' judge and see what they are really like?? Will the courts give us a chance to say anything at all in our defence?? We have sent off the requests for the CCA etc today anyway.

If the DN's are incorrect could we bring this up in Court as a defence on the day?? Sorry really not up to speed how the Court proceedings would work As you can appreciate we don't want to make matters worse and this is our greatest fear at the moment. t

Do you think it is worth doing a set aside - what could go wrong?? Does anyone know why they would go for a redetermination? Would they be trying to get interest on the debt??

Hi Martin3030 - we do not have a date for the redetermination as we only received it this weekend. If only we had found this site before we signed the admission!!

In reply to Supasnooper - no we were not aware we had any legal rights i.e. requesting CCA etc. We were advised by the CCCS to complete the summons forms and send off ASAP and admitting the amount. As regards to paperwork received: Default notice was dated for both cards - 4 December 2009 requesting for an arrears payment to be paid by the 21 December 2009 On the 5 January 2010 notice received from Restons demanding full payment of both debts by the 19 January 2010 On the 22 and 27 January 2010 summons received from Northampton CC filled out as per advice from the CCCS and returned. 10 Febuary 2010 received Judgment for Claimant received instalments the same as the DMP - only thing added were the court costs of £345 to each debt. This weekend we have receive redetermination to our Local Court the date to be advised.

Hi thanks for merging the thread we will use this one now. In reply to Martin3030 - no we did not attend the original Court Hearing - this was done at Northampton and we were never given a date for the hearing. The debt was defaulted on the 4th December 2009. We made the first payment via the DMP on the 1st August 2009.

Thanks will do one to the MBNA also. So on what grounds to a do a set aside - really confused Because we have admitted the debt we really do not know what to put on it - sorry but can you assist??

Hi - thanks for the links. We have read through Spamalots case and there are some similar issues to ours. Action we are taking: Request to Restons Solicitors for a CCA Request to MBNA for a Subject Access Request Both using the templates found on the site. Our only concern is because Restons have gone for a redetermination to our Local County Court, what happens if the redetermination date is set before we receive the information requested from Restons and MBNA. Do we still need to request for a set aside to the Court - can someone confirm we are taking the right actions as we want to post the requests tomorrow. Many thanks Ian

Help! We have dropped a major clanger and are hoping that someone out there can throw us a rope!! We have recently received a CCJ via Restons/MBNA/Northampton CC. Having read threads on this site, we realise now that we should not have admitted liability for the claim without asking for the CCA etc from Restons/MBNA. Is there any way we can get the judgement set aside and with our new found knowledge contest this CCJ?? Regards Ian

Hi we are new to this forum but unfortunately not new to debt problems! We are currently on a DMP with the CCCS which has been working fine until the MBNA instructed Restons Solicitors to gain a CCJ on the outstanding debt, even though we were paying them monthly on our DMP. All our other creditors have been really good and accepted the DMP by the CCCS. We feel really annoyed that this has not been the case with the MBNA as initially we were making payments to all creditors albeit with a struggle until they (MBNA) put up their interest rate to 37%APR. Which is what tipped us towards the CCCS. We now feel that they are using the bully boy tactics to jump the queue for payment and even though we agree we have got ourselves into this mess, we now begrudge paying them. They are the only ones that have given us a hard time, telephoning us and generally trying to get extra money above the agreed amount set by the CCCS. Anyway, back to the CCJ - the case was heard at Northampton CC and it was agreed that the payments would stay the same as the DMP. However, we have now received a redetermination by the claimant to our local County Court. A date has yet to be set. It is not our intention to avoid this debt as at the end of the day we have spent the money, but if they want to be difficult then we can to (if possible anyway) We have noticed that on some of the forum threads that advice has been given to ask for a CCA, what we would like is maybe a bit of information or advice if this would help our case. Any help would be greatly appreciated. Many thanks in advance Ian and Jen