Fighting A Charging Order MBNA/RESTONS after Redetermination

[Northstar68]

Having some trouble downloading form N244 from the website

Tried to open it from the link.....nothing happens,

then tried to save it first to my desktop, again nothing happens.

Do I really need to phone the court to get it from them or is it possible to get a copy from somewhere else?

 

Many thanks

[NewToTheFight]

Northstar

Hope this helps;)

 

NTTF

[Northstar68]

Fantastic NTTF! Thanks so much.

I'm also NTTF!

Oh god, can't believe I'm doing this but have more than enough fire in my belly to go all the way with them!

[Northstar68]

panic over, I managed to open it so deleted the original message that was in this box!

 

Update:

complaint to the ICO went today and I will now be filling in the set aside form.

 

Huge thanks.....no doubt I will be back in the morning if I get stuck

Edited April 12, 2010 by Northstar68

[Northstar68]

Me again, are there any example N244s around that I could look at please, I'm beginning to get all panicky with the legal jargon, or is it ok for me just to fill it in plain English?

Thanks

[Northstar68]

OK just reread my thread again,

I am going to fill in this N244 and send it to the court BUT

diddydicky,if you are around, you said the following:

 

If they have refused to comply with the SAR and you have the proof of delivery of the request then i would make an application to the court to order them to produce the information. and that no further proceedings take place until you have been provided with the information

 

this would have the effect (IMO) of giving grounds to delay any hearings until that information is provided

 

soooooo should I be doing this first and which form would that be....or should I go straight for the Set Aside?

 

:idea: Please help, I really don't know what to do first. Still no news from MBNA, they have had 40 days + 14 so the ICO got my complaint this morning.

We have 6 weeks until the final charging order court hearing so is it the set aside I do or the above what diddydicky suggested?

 

Mnay thanks

[Northstar68]

bumping me up a bit

 

also looking at the form I do have, question number 5 says how do I want to have this application dealt with

hearing

without a hearing

telephone hearing...

what should I put?

We have a final charging order hearing date set already,should I write that down?

BUt then what option to tick?

 

many thanks

[Northstar68]

bumping me again

[lilly white]

• Include the the claim number of the case and details of the creditor or ‘claimant’.
  
• Question 1: fill in your name here.
  
• Question 2: you will normally tick the box as the ‘defendant’.
  
• Question 3: you need to briefly state what order you are asking the court to make and the reasons for your request.
  
• Question 4: this asks if you have attached a draft of the order you are applying for. We would suggest that you only tick ‘yes’ to this if you have had help from a solicitor or advice agency with drafting the order. Otherwise, leave this up to the court.
  
• Question 5: this asks you if you want to have the application dealt with at a hearing. Most applications will be dealt with at a hearing.
  
• Question 6, 7 and 8: it is safer to leave these blank rather than guess how long a hearing will last or what level of judge you need at the hearing.
  
• Question 9: only fill this in if there is someone you want the court to send a copy of the application to, such as your solicitor.
  
• Question 10: this appears on the back of the form. You should tick the box saying you are relying on ‘the evidence set out in the box below’. You need to include any evidence you have to support your case, such as proof you have changed address or were out of the country. Any information you have about your possible defence should also be included. You should explain any delay in making the application.
  
• Sign the statement of truth on the bottom of the form.
  
• Send the form back to the court and remember to keep a copy.
  

Information A sample application N244 is at the end

[lilly white]

http://www.nationaldebtline.co.uk/england_wales/pdf/n244_form_example.pdf

[Northstar68]

Thank you so much lillywhite,

I will make a start on that right away. I need to get all the reasons in a good order and make sure it is all there!

 

Would the current hearing date be delayed then once they get my set aside application? Would the hearing for that come first? (sorry for the silly question)...it's just that after all these months to finally have something that could help us get them legally off our back is great.....I understand that I can only fight our corner and it is down to the judge.....at least I will have tried eh!

 

I will be writing all the reasons I have written here for the set aside plus that we were mislead by the CCCS etc.....if that's ok to do?

 

Does it matter which order I list my reasons for the set aside? I've got the CCCS thing to say, the missing info plus credit agreement etc

 

Again......we have enough to have it set aside don't we?

 

Lastly, do I need to send a copy to MBNA/Restons or is it for the court only?

 

Huge thanks again Lilly White!

[diddydicky]

sorry i was staying in a hotel this week that charged 13 quid for 24 hours internet access so not surprisingly i've been quiet

[Northstar68]

sorry i was staying in a hotel this week that charged 13 quid for 24 hours internet access so not surprisingly i've been quiet

 

13 quid!!!! Noooooooooooo waaaaaaaaaaaaaay!

Don't blame you!

Thx for writing, I'm still faffing about with evidence and such, havent filled the set aside form in yet, want to get everything ready, write and send it.

 

PLease can you tell me if I should be sending in a copy of the letter from MBNA saying that they havent got the agreement together with the set aside application? Or send it in nearer the hearing date?

 

Also, the CCCS have been on the phone wanting to do a review of our DMP (this MBNA account isnt included in it if you remember), anyway, during the conversation I asked them what would happen if any of our creditors couldnt come up with the credit agreement.....they said, nothing because the law has changed and they can take anything with them to court as an agreement. Panicking slightly here now, is that true????

Didint tell them anything about this case as it isnt included in the DMP...just wanted to hear what they say!

 

Thanks!

[diddydicky]

mistyped too- it was 15 quid

[Northstar68]

mistyped too- it was 15 quid

 

Blimey!!!!!!:shock:

[Northstar68]

OK pleeease, if there is anyone around.....I'm finding it hard to put the reasons for the set aside in order. I have all the info around me but where on earth do I begin. I have to attach another peice ofpaper as the box isnt big enough for the reasons, do I start with the most important first?

They all are important.... I just need a kick up the backside, once I get going I will be fine, starting is always hard...

 

also do I need to send a copy of MBNAs letter saying they dont have the signed agreement? I will tell the court that they also havent provided me with copies of the default notice, termination notice etc

 

And my comment about the CCCS yesterday? Any thoughts?

 

Thanks so much

[Northstar68]

Bumpety Bump

[Northstar68]

Do I need to include all the evidence I have and send it with this N244 to the court?

I wrote something else here then found the answer and it wouldnt let me delete the post hence why I am repeating myself like a parrot with the same question

Edited April 16, 2010 by Northstar68

[diddydicky]

try and list them *(in chronological order where appropriate) keep the points brief but to the point and consecutively number them

 

what you want to do is make it easy for the person (judge) reading them to follow the sequence of events and points raised

 

you can print them out and attach them so why not just bang them out in any order on your puter and then you can re arrange them into the right order

[Northstar68]

Ok thank you diddydicky, will do.....

 

what do you think about the CCCS when they said that it didnt matter that MBNA didnt have an agreement, they can take anything to court and it will be accepted by the Judge? this worried me slightly as my set aside wont have any legs left in that case.

 

Many thanks

[miss muppet]

Don't worry about that advice Northstar, MBNA didn't have an agreement with me either, took me to court, lost the summary judgement against me as they had to admit they didn't have the agreement and then discontinued any further action. Have a look at the legal successes bit and you will see several instances of this.

[diddydicky]

Ok thank you diddydicky, will do.....

 

what do you think about the CCCS when they said that it didnt matter that MBNA didnt have an agreement, they can take anything to court and it will be accepted by the Judge? this worried me slightly as my set aside wont have any legs left in that case.

 

Many thanks

 

CCCS are trained ONLY to assist debtors to deal with the repayment of their debts- not to dispute them

 

end of

[Northstar68]

Thanks Miss Muppet, will do, at the moment I'm just bogged down with it all I suppose, checking and rechecking I have everything and then putting it down on paper. Getting to saturation point....but nearly there

[miss muppet]

Thats the spirit, keep smiling:)

[Northstar68]

With this set aside application do I also need to send copies of all the correspondence and proof of postage ? (between me and MBNA regarding the lack of info etc) or is that something I would take when we go for the hearing?

Meaning, is it just enough to list everything but not include all the proof with it?