Hi WormHT what really annoys me is I could have taken out a secured loan with a much lower APR- it makes me wonder if its worth taking out an unsecured loan if the creditor can apply to have it secured.

Thanks Muggins:) Going to pm ya !

Thanks for all the messages of support I've had time to reflect and it could have been worse. At least the debt is relatively small in comparison to the equity in the house, and I really have no intention of selling for a long long time. It has been a steep learning curve and I can take some comfort from what I have learnt- I know now what not to do with regard to CCJ's,and I certainly wont be in a hurry to admit ANYTHING in the future. As you say BA, they have won this round but they havent won the war ! I am sharpening my talons for round 2 and I wont be giving them so much as an inch ! I will ask the court for judgement on monday for the non-compliance issues and I shall certainly make a complaint to FOS . I'm not sure how long it will take to show whats been lodged with Land registry ? I would expect it will take a week or so so I will check next week. I would like to thank all you lovely people for the help and advice that you have given over the last 3 months on this. Without you I would have just let them make the order final without a fight. I gave it my best shot and thats all any of us can do. Hope xx

Thanks Sequenci Im off out for a while but will be back later if anyone else wants to know further details. Hope:(

I lost in court today and the charging order was made final Despite going in fully armed, ther judge chose to ignore just about every point I raised. He was made fully aware that I hadn't been served a default notice,that 1st credit hadn't supplied a copy of the credit agreement,that as stated in the LPA 1925 S136 that in the assignment of a debt the assignor must notify in writing to the debtor against whom the assigned right is claimed, which obviously didnt happen, that both MBNA and 1ST Credit had failed to comply with CCA by not providing data ,and that I had been forced to file for non-compliance and in fact had not had a response from either and the time for a reply had expired and I would be asking for judgement ! I took copies of the letter where Ian Mcartney had stated that the lender should need to prove to a court that there was an agreement,basically saying that the onus was on the creditor to prove existance of the debt and not the creditor. I took copies of the complaint letter to FOS. I followed the argument up with penalty charges being applied,that I felt I had been misled in agreeing to the contract etc etc etc. All to no avail. I feel let down by our justice system. The judge said he would not set aside the CCJ as I had admitted the debt and I had not applied for set aside sooner.It had been 6 months and he felt this was too long,despite all my reasoning. He said he wasnt prepared to 'go against the tide' as so many creditors were now applying for charging orders. He said that the creditor was an extremley aggressive creditor and that they would immediatley apply for judgement again and it would need to go in front of the circuit judge and would be allocated to the fast track and massive costs would be incurred and I would pay them as I had nil chance of success ! What a bloody farce. I take it then that DCA are above the law and dont need to be in possession of the credit agrrement,or issue default notices or do any of the things that the CCA 1974 requires. The consumer has no protection because our justice system glosses over the details and doesnt bother to enforce the law. What a glorious waste of time:mad:

Hi All:) Due at court in just over an hour Please keep all fingers etc crossed lol!!! Hope xx

UPDATE ! Got Cobblers defence which looks pretty standard TBH. I want to p[ost it on here but struggling as not very good with techie stuff. I've scanned the docs and sent them to microsoft word file ok, but I want to delete some of the personal info such as account numbers but it wont let me ! Help please lol ! I'm useless. It's either I manage to delete the personal stuff and post the defence as an attachment or i'm going to have to type all the defence out,which I dont fancy ! Can someone please tell me what to do !!!:-? Hope xx

They have got my sig though,as they sent me a copy of my loan application/agreement:-?

Not yet as I've no idea what the amount is

Corn !!!!! Me too.:o I havent had a thing from MBNA for about 3 years,then I get a promo offering a business credit card. How very weird ! I havent heard anything either with regard to non-compliance and they need to reply by tomorrow too ! Let me know if you hear anything hun !

Ive had it stayed 3 times due to non compliance by 1st credit and mbna and appointed solicitor tried to persuade judge to make the charging order final at the last hearing,luckily the judge granted me a further stay of 28 days, but he made it clear that it would be the last time, and that the case would be heard in 28 days. There is no defence to final charging order as I admitted the debt before I was aware of unlawful charges. This was explained to the judge at the last hearing,but I was told that this is inadmissable. The judge told me my only way forward was to apply for a set aside of the ccj or he would be forced to make the order final. It is 1st credit who I am up against on friday

Hi again. The hearing on friday is for set aside of ccj ,followed by a final charging order hearing. I have issued N1 for non-compliance on both 1st Credit and MBNA ,deemed served on 5th april and they have until tomorrow to reply. So far I havent heard a thing from either with regard to whether they are defending etc. I havent sent anything to court regarding the ccj set aside,I didnt know I had to ! Help ! Have I messed up ?

Hi BA Hasn't it just ! I will post as soon as I get back in hope xx

Hi Gizmo:) Yes , I filed N244 set aside application and the hearing is this Friday morning as is the hearing for the final charging order

Hi Emme, I am also at more or less the same stage as you .NW have until 24th April to enter their defence and i've had zilch. Frustrating isnt it !

OMG !!!! Just read about Scotts huge win ! I've been away for the last few days and had no idea whats been going on !! I was a bit dissapointed when I got in,as I expected to see something from Cobbetts but nothing as yet ! Should I have heard something by now ? They have until 24th April to enter their defence and my partner is doing my head in by saying stuff like " seems strange that you havent heard anything" and "the people that have won will have done it differently" and the one that really really really gets me is "can't see you getting anything out of this" He's making me nervous even though I know deep down that i've done everything right !!! ARGHHHHHHHHHHHH ! He so has a slap coming his way lol Hope xx

I am so happy for you Scott, I just had to say that even though i'm days late with the congrats ! I am waiting for NW to cough up, they have until 24th April until I can apply for judgement and you have given me hope that my dosh is just around the corner ! ENJOY !!!!ENJOY!!!! ENJOY!!!! :D

Received another package of papers re my SAR,and am guessing this is the info MBNA referred to when they stated they were waiting for info from another area of their business. It consists of a list of times they contacted me etc and application forms for the credit card. Credit agreement are absent though ! No mention of 1st Credit anywhere ! I really dont think they have them or surely they would have provided them by now. Cant wait to see their defence,if they defend ,that is,for non-compliance ! What a farce,they have until the 19th April to show their hand

Thanks Parky. Tickety Tock:D

With you all the way there Tanz:)

Hi, Still waiting for the defence from Cobbetts and wasn't sure of the deadline. Do they have 14 days from the date they acknowledged ie 5th April so they have until 19th April,or will it be 1 month in total from date deemed served so 24th April Thanks Hope xx

Hi Jos I dont know the answer to your question i'm afraid,I just wanted to say hang in there,at least you know come what may on the 18th April you will have won !!!!! I'm sure someone with more experience than me will comw along and help you with the next step. Hope xx

Hi I was sent the 'diary notes' of my NATWEST account dating back to 1990,however no statements. I would have thought that if transcripts of my phonecalls and copies of letters are archived,then it would be reasonable to expect statements to be available ?

Fantastic WHTR !!!! I am about 4 wks behind you,and Cobblers acknowledged my claim last week and said they were defending. My claim is for a similar amount £4300 and rising:-D Did your claim include CI ? I'm really pleased for you,enjoy your money!!!! Hope xx

Update ! Received a wad of paper this morning re subject access request . How confusing !!! :confused: In the covering letter it sates that MBNA are still waiting on a response from one of their business areas,and if any information is recieved they will forward it on as a priority. Well,guess whats missing ! All information relating to the loan debt being transferred to 1st credit. It clearly shows when the credit card debt was transferred to Cabot(no copy of deed of assignment etc though,but I will be dealing with that when I've sorted 1st credit out ! ) but NOTHING for the loan. So now what ? MBNA have partly complied with SAR,do I still go ahead with the non-compliance hearing ? They have until 19th April to acknowledge the summons. Any help would be appreciated guys Thanks Hope xx