MBNA CCJ/CO (Rest K) - sold to Marlin

[The Mould]

OK bilious

 

The date of the hearing - 24/02/2011, I make the last date for service (your statement and documents) Monday 14 February 2011, that allows for a full 7 business days before the hearing date.

 

Catch up with you on the morrow, probably not until late evening time.

 

A short and respectful message to Andyorch, Doc man, Coledog, DonkeyB, DiddyDicky etc, etc, Dear guys please keep up with your superb assistance to bilious, if you have the time. Many thanks to you all.

 

Kind Regards

 

The Mould

[coledog]

All the best to you Mould

[bilious]

Hello bilious

 

Yes the Optima letter dated 14 January 2011, was it addressed solely to you or addressed as Mr & Mrs Bilious? If just you, then send a short letter to them indicating/confirming of your intentions to object/oppose the said order.

 

You do not need to send any particulars to Optima in relation to the above.

 

Bilious, RE: Post #64 - The letter from Land Registry, please scan it in and post it up.

 

Be back in a min.

 

Kind Regards

 

The Mould

 

Separate letters from them dear sir!! so should we both send as you suggest short letter however my wifes mental health means she can in no way have the stress of going to court will this be a factor?

[AndyOrch]

Yes Bilious 2 letters of objection.I surmise you will be able to handle the case for both of you.

 

Regards

 

Andy

[bilious]

Thanks andy because my lovely wife is in no fit state to sit in the room with them right now, i don't much feel like it to be honest but am going to have to i guess!

 

Any ideas on how long it'll roughly take whilst in there 10 mins 30 mins etc? rubber stamped knowing my luck!!!

[AndyOrch]

Under normal circumstances anything up to 30 Min's but as you have been stitched up

the more prepared and argue the fact, I wouldn't vacate until this fiasco is dismissed nothing less.

Have you requested copies of the paperwork I advised?

Proof of Notice of hearing Notice (Defendant & Claimant) Copy of the claimants application to Redetermine (this will give you the basis of their application and why £20 was insufficient)

You should have received both of the above as course.

 

Regards

 

Andy

[bilious]

Had absolutely nothing of those andy have tried to get in touch with the court manager but he's unavailable they just keep spouting to me fill in an n244 form? So send them a registered letter to the court manager?

 

i know it all depends on the judge of the day ( don't ask with my luck lol.) but if and if it's awarded to them, what are the realistic chances of them forcing a sale with two young children? Just to allay my fears somewhat?

[AndyOrch]

Nil

[bilious]

Thats what i'd like to think Andy, but i bet they try for a payment scheme i cannot afford, then they'll obviously try that route, will probably calm down by monday when my fight will begin..

 

Thank you for your advice Andy!

 

As i've said i chatted to the guy from national debt helpline, i honestly thought it was a dca number ( you've got this amount coming in etc etc you can afford this,) i said but yes this goes out etc etc etc and after all the bills school dinners food petrol etc there's only this amount left? (funny he told me the average for a family of four is 60 pounds for food?) anyone able to survive on that?

[AndyOrch]

This is not a matter of affordability or budgeting this is a matter of a DJ overturning an Installment Judgment to a Forthwith

when it as not been defaulted or been allowed to be questioned.

A DJ can make the initial judgment without hearing (as in your case as no defence was submitted) but a redetermination as to be transferred to your local CC

and a hearing must happen (because the first was wihout hearing).Both Claimant and Defendant will be requested to be present to argue their case.

Yours is that £20 pm is a quite reasonable (as set by the DJ on the initial Judgment) and you have maintained that agreement with no default.

Theirs that it is not acceptable for some reason we dont know because their application as been witheld from you.

The hearing took place with both Parties unaware ( we assume as neither of you attended because of no knowledge)

The DJ took it onto himself to make a new judgment and turn it into a forthwith (without your input or argument)

Therefore allowing the claimant to make application for a ICO

 

That is where we are at Bilious.

 

Regards

 

Andy

[bilious]

Cheers Andy!!! Now just have to figure out with all your help how to get this back to the original judgment i can afford!!!

Edited January 20, 2011 by bilious

[coledog]

Information on making a complaint about the court service

 

http://www.hmcourts-service.gov.uk/infoabout/complaints/index.htm

[bilious]

Many thanks coledog!! they are on my written list on monday as are the others!!

[The Mould]

Good evening bilious

 

Very briefly, I have not received any email notifications? Very odd.

 

I shall be back with you very shortly bilious, right now, I am required elsewhere.

 

I want to give you this message bilious, remember this message always.

 

On this Earth, everything that is natural, meaning - not made by Humankind, is purposely intended to be.

 

On this Earth, everything that is not natural, meaning - made by Humankind, is purposely intended to be.

 

I can only give this message to you in its cryptic form bilious, absorb those two sentences and you will then be afforded with the understanding of why I tell you that the meaning within the above will assist you and your family in the situation you are facing, bilious these words are for you and your family from the very middle of my Heart.

 

Look in side of you bilious for something not made by Humankind, therefore it [is] natural, this will protect you and your family in this situation and in all others that you are forced to endure.

 

Good night.

 

Kind Regards

 

The Mould

[DonkeyB]

I've just ordered 10kg of Old Holborn

[bilious]

Right here's the land reg stuff you asked for chaps hope these links are ok they seem to go down almost as soon as their put up (bit of Elvis going on i'm afraid.)

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/Land%20registry/1.jpg

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/Land%20registry/2.jpg

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/Land%20registry/3.jpg

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/Land%20registry/4.jpg

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/Land%20registry/5.jpg

 

Hopefully bit more info for you?

[The Mould]

Good afternoon bilious

 

Thank you for posting those attachments, I shall inspect the docs later on this evening and post up my reply.

 

Kind Regards

 

The Mould

[bilious]

Gentleman as always! will have quiet weekend with family try and relax then get my bum into gear monday and send off these letters! the land registry on seems to want to know exactly why i'm obejecting to this (hmmmmmm.) with all my particulars which they say they will pass on to optima! great eh!

[The Mould]

Gentleman as always! will have quiet weekend with family try and relax then get my bum into gear monday and send off these letters! the land registry on seems to want to know exactly why i'm obejecting to this (hmmmmmm.) with all my particulars which they say they will pass on to optima! great eh!

 

OK bilious

 

Well, you will not need to furnish Land Registry with your fully particularized particulars of the grounds/legal reason(s) for any such objection for what is claimed by the applicant/claimant, a simple and brief letter providing a summary of the grounds for your objection, go through this with you sometime over the weekend.

 

Bilious, how do you feel about filing an Application for Stay of Execution in respect of the forthwith Judgment granted at the redetermination hearing that you were no notified of that over ruled the original Judgment/Order (Instalment order to pay)?

 

Also, how do you feel about making an Application to set aside/dissmiss both the said redetermination Judgment/Order (forthwith) and the Intrim charging order/final charging order?

 

Have a good think about bilious, meanwhile, during the course of this weekend I shall have another thorough read through of your case and all the docs you have so very kindly posted up.

 

Catch up with you shortly.

 

Kind Regards

 

The Mould

[bilious]

Lol will need to put that in english that Mr has no idea what any of that means in legal speak... at the end of the day mould i would be happy with the original judgment to pay off what i could afford! i know that may sound stupid to some but at the end of the day i just want protection from the unspeakables lol and pay it off when i can afford to do so or am i sounding a bit naive???

 

Another quick question if this interim is granted to a co will this affect my wifes credit rating as all debts are in my name only!!!!

Edited January 22, 2011 by bilious

[bilious]

Hiya mould! in relation to :-

 

(Bilious, how do you feel about filing an Application for Stay of Execution in respect of the forthwith Judgment granted at the redetermination hearing that you were no notified of that over ruled the original Judgment/Order (Instalment order to pay)?

 

Also, how do you feel about making an Application to set aside/dissmiss both the said redetermination Judgment/Order (forthwith) and the Intrim charging order/final charging order?)

 

Definitely a yes for this just want as i said to continue with the original judgment that i could afford, now how do i go about getting that?

[The Mould]

Good evening bilious

 

Again, no email notifications!? Odd indeed dear fellow.

 

Anyway, very briefly, in answer to both questions (above), yes, I shall show you how you make both said Applications.

 

Please be advised that Application for Stay of Execution will require you to pay a fee of £40 into court (no Hearing needed) and the Application to set aside/dissmiss said forthwith redetermination Judgment/Order will require you to pay a fee of £75 into court - Hearing is neccessary for this app. (sorry about those costs bilious)

 

Based on your case (your posted statements of the facts to this matter), I would advise that the above is the best course of action for you to undertake in these proceedings (you are going on the attack, so to speak and, in the circumstances to these proceedings that you speak of, attack is your best and only line of defence against the claimant's action).

 

Clearly an error of law in the process has occurred and you are going to bring said error to the court's full attention.

 

Catch up with you later on this week.

 

Kind Regards

 

The Mould

[The Mould]

Bilious

 

Again, very briefly, the object of your said apps is to succeed with the dissmissal of said forthwith Judgment/Order and thereby disharge Interim Charging Order, with the conclusion to these proceedings being the reinstatement of said original Judgment/Instalment Order.

 

Kind Regards

 

The Mould

[bilious]

Nope still no e-mail notifications? anyway thanks for that as for the money well if it gets these overturned, as you say best form of defence?? what forms do i need to get fill in? thanks for your help mould, hope you had a good weekend?

 

And will this get these done before the hearing date of the 24/02/11 ( or will i still have to attend that one as well?)

[The Mould]

Good evening bilious

 

Right then, Application for Stay of Execution - N244 Application notice - £40 fee payment into court.

 

This is a two (2) page document and you can access said form on HM Courts Service web site, fill in and then print off. (Note: you cannot save this document on your computer, so, when you have filled in all parts, check, double check and check again before printing it off). When printed off, make three (3) copies, one for you, one to file to court and one to serve upon the claimant's Solicitors acting.

 

Going to go through said Notice (N244) with you in 5 mins, tea and smoke break first bilious.

 

Kind Regards

 

The Mould