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

[The Mould]

Back again bilious

 

Here are the details for you in respect of your Application for Stay of Execution:

 

Page one of N244 form-

 

Top right hand corner - Name of court - In the Bedford County Court

Claim no. - put the full claim number

Warrant no. - leave blank

Claimant's name - put claimant's full title

(including ref.) - put reference number/details

Defendant's name - put your name bilious

(including ref.) - you have no reference to put (usually you don't anyway)

Date - put in date

 

1. What is your name etc, etc - write your name in said box

 

2. Are you a - tick defendant box

 

3. What order are you asking the court to make and why?

 

Write in the box:

 

1. That the court grant an order of Stay of Execution in these proceedings in respect of the claimant's Application for final charging order that is to be heard/decided on 24 February 2011.

 

2. The defendant do make this respectfull request to the court on the grounds that a error of law has occurred in the process of these proceedings, respecfully, it is my assertion that the Judgment/Order awarded by the court on 21 December 2010 in respect of the claimant's Application for redetermination of the original Judgment/Order dated 15 October 2010 has been awarded in error, further, the defendant contends that the claimant holds no standing before court in his action seeking final charging order as a direct result of said error and because of the authority handed down in the Mercantile v Ellis Judgment.

 

Bilious, back in minuet, the Mercantile v Ellis case, put the date of said case.

 

Number 4 comming up in a min.

 

Kind Regards

 

The Mould

[The Mould]

OK bilious

 

Page 1 cont'd:

 

4. Have you attached a draft etc, etc, tick NO box

 

5. How do you want to have this application dealt with? Tick - without a hearing

 

6. How long do you think etc, etc, LEAVE BLANK

 

7. Give details of any etc, etc, LEAVE BLANK

 

8. What level of Judge does your hearing need? MASTER OR DISTRICT JUDGE

 

9. Who should be served with this application? Claimant's Solicitors acting

 

 

PAGE TWO (2)

 

10. What information will you be relying on, in support of your application? TICK - the evidence set out in the box below.

 

Back in a minuet.

 

Kind Regards

 

The Mould

[The Mould]

 

I just needed to add a little bit more to the above (in red), Lady in Red, she's dancing with me and nobody hear, just her and me.

 

Kind Regards

 

The Mould

[The Mould]

Right bilious

 

No. 10 cont'd

 

Simply write in the big box:

 

The grounds of this application are set out in my application to set aside/dissmiss Judgment awarded on 21 December 2010, which is served hereto.

 

Statement of Truth

 

Sign it bilious and put xxxxxxxxxxxx's across -(The applicant believes); ('s Solicitors) ('s litigation friend) etc, etc.

 

Name of applicant's solicitor's firm - LEAVE BLANK

 

Position or office held - LEAVE BLANK

 

11. Signature and address details - well, you know what to write in here bilious. Date it.

 

Write in your address details in the last box at the bottom left hand side, phone no. etc, etc.

 

Then check and triple check it all, if you are happy with spelling etc, etc, print it off and make three (3) copies. DO NOT DO ANYTHING WITH IT JUST YET BILIOUS, keep all three (3) copies safely filed away (but to hand, if you know what I mean, I am sure you do).

 

Later on this week (hopefully), I shall go through the other N244 Application notice to set aside/dissmiss said Judgment with you, this wil be a great deal more involved than all of the above.

 

Catch up with you shortly bilious, any questions while I am on-line now? (going off-line in 15 mins)

 

Kind Regards

 

The Mould

[bilious]

Thanks for that mould will start filling this out on friday morning with your help!!! So am i filling out two n244 forms? one will be 40 pounds and the other will be the 75 pounds?

 

Am i still going to write to the land registry with short para to say will be defending etc?

 

And also to optima to let them know or wait till they get the n244?

 

And lastly do i still get in touch with the court for the documents that weren't sent along with a complaints procedure etc?

 

Being a pain again sorry but, have tried to play fair with these people and hasn't worked so may as well go on the attack as you've quite rightly suggested!!

 

Oh! and i've saved the n244 to my hard drive to do whenever, so print off three copies as you've said!!

[The Mould]

Thanks for that mould will start filling this out on friday morning with your help!!! So am i filling out two n244 forms? one will be 40 pounds and the other will be the 75 pounds? Yes bilious, that is correct. (still in red tonight)

 

Am i still going to write to the land registry with short para to say will be defending etc?

Yes again, simply state that the full particulars of your objections shall be laid out and heard before the court on 24/02/2011

And also to optima to let them know or wait till they get the n244?

Send a very short one para letter stating that you intend to object to the claimant's app for charging order.

And lastly do i still get in touch with the court for the documents that weren't sent along with a complaints procedure etc?

Absolutely bilious, you require sight of a copy of the claimant's app for redetermination hearing and his statement(s) and documents supplied in support thereof. You require sight of a copy of the Hearing notice in respect of the said redetermination hearing and anything else that you can think of.

Being a pain again sorry but, have tried to play fair with these people and hasn't worked so may as well go on the attack as you've quite rightly suggested!! Yes attack, politely/respectfully of course, oh and most definately legally bilious. (ho ho ho)

 

Oh! and i've saved the n244 to my hard drive to do whenever, so print off three copies as you've said!!

 

Right then bilious, GOODNESS ME! ITS ALMOST 6 MINUETS TO DING DONG MERRILY ON HIGH, GOOD NEWS THE ANGELS SINGING, TRA LA LUL LUL LUL LUL LUL LARGH, DE DUM DE DUM DUM DUM.

 

Ah, where was I? Oh yes, well bilious you have some homework to get on with now and so I shall be back with you early part of next week dear fellow.

 

Remember those words bilious from the other day? Regarding man made and not man made? EVERYTHING ON THIS EARTH [iS] PURPOSELY INTENDED TO BE.

 

So relax, keep calm and continue to be the respectful man that you always have been.

 

Good night.

 

Kind Regards

 

The Mould

[bilious]

Thanks mould will get on with my home work from tomorrow am very busy at the moment thank goodness i've got a month... any ideas on the timescale to get these n244 forms in?

 

And realistically speaking am i just in with a 50 - 50 chance here, or is is going to be a case of the judge lottery yet again?

 

Any ideas form anyone please as i need to start getting my bum into gear!!!

 

hi guys just to make sure, will a short paragraph to the land registry stating that i object to the app for a co suffice or do i have to put down why? help on this please as i need to get em off by tomorrow! Thanks!!

[diddydicky]

the land registry wil only act on the order of the court

[bilious]

Ok!

So as mould says just a short paragraph telling them i object to the claim etc etc. and how do i go about the letter to the court manager about why i never received any notification of a hearing and why an instalment order was turned into a forthwith without a hearing or either attending?

 

mould is helping me with 2 sets of n244 forms nearly got one finished but need to know when to get em in if hearing is on 24/02/11

 

Any help please!!!

 

Again if i lose this to mbna what do i ask for in regards that they don't force a sale of my house and make my family homeless?

[The Mould]

Good evening bilious

 

Yes, one para letter to Land Registry stating that you are going to object- error of law, Mercantile v Ellis case etc, etc.

 

You do not need to go into details of the whys and wherefores regarding installment order over turned and forthwith Judgment etc, etc in your letter to the court Manager, just request copies of claimant's redetermination app and his statement(s) and documents he filed in support thereof, copy of the Notice of Hearing in respect of the said redetermination hearing.

 

Send off your letter to the court Manager asap bilious.

 

Have you received any statement(s) from the claimant as yet that he will be referring to at the final charging order hearing on the 24 Feb 2011?

 

OK, both of your Applications (N244) need to be filed to court at the same time, including any documents that you intend to rely upon, bilious, the reality is that this needs to be done by no later than 4pm this Friday, this should allow enough time before said hearing, for the apps to be noted by the court officer, so it really is important that you start compiling your case. After filing everything to court you will then need to serve a copy of everything upon the claimant without delay.

 

Back in a min.

 

Kind Regards

 

The Mould

 

Right bilious

 

After this week, I will not be on CAG until probably the summer time or maybe not until near the end of this year as I have an incredible amount of work to get through, so, please try and get everything into order and I shall be back with you on Wednesday.

 

There is a possibility that the DJ will not listen to your objections regarding the redetermination forthwith Judgment and if that should happen and the claimant succeeds with his charging order, then request that no Order for Sale be granted. You have a very strong legal argument against the forthwith Judgment, hopefully the DJ will not ignore the facts of the unjust circumstances in respect of said forthwith Judgment.

 

Bilious, look at it this way - What will be, will be, try not to worry about this matter.

 

Catch up with you shortly.

 

Kind Regards

 

The Mould

[bilious]

Ok thanks for that will have to get my bum into gear can anyone help me with the other n244 then or as you've said above am i wasting 115 pounds for nothing if the court is unlikely to listen to me?

 

And no have had nothing from mbna concerning this court hearing only the stuff i have posted up, again any help on filling in the next n244 form?

do i have to copy all the postage receipts as well and then send all copies to optima?

 

Again can anybody help please am getting extremely worried again all i have for my defence of this is all the payments i have made to the original ccj and a couple of acknowledgments from them an e-mail telling me the case has been transfered to my local court, then a forthwith through the post 3 weeks after i wasn't notified the land registry stuff and the letter from optima which i've posted please please help mould says i have to get these in by friday with my two different n244's...

[The Mould]

Good morning bilious

 

Very briefly, firstly, you must try and keep calm otherwise you will find yourself loosing your concentration on the important matters that need addressing.

 

1. Send that short letter off to Optima (claimant's Solicitors) and in your letter also request that they serve a copy of the claimant's statement(s) and documents that intends to rely upon for the Hearing on the 24th Feb.

 

2. Send a short letter to Land Registry stating that it is your intention to object to this action by the claimant, the reasons - Mercantile v Ellis and the unjust forthwith Judgment.

 

3. Send off your letter to the court Manager requesting a copy of the claimant's application for the redetermination hearing and his statement(s) and documents filed in support of his said application. Also request a copy of the Notice of Hearing that was allegedly (don't say that in your letter) sent to you by the court.

 

The claimant will most probably serve his statement for this next Hearing upon you within 14 days of the Hearing, but you require this information right now in order to prepare your objections.

 

Back in a min.

 

Kind Regards

 

The Mould

[coledog]

It may also be worth sending the request for a copy of application and supporting documents to the claimants solicitor as they should have sent these to you themselves. Send recorded and enclose a large Stampted addressed envelope. Tell them you need this by return of post

[The Mould]

OK bilious

 

It would be extremely helpful if you had a copy of the claimant's statement that he made in support of his application for redetermination, so, telephone the court also and ask if they can supply you with a copy of the above today if you were to go to the court to collect.

 

I shall be back with you on the morrow evening and then go through the other N244 with you.

 

I do not believe that the £115 will be wasted, you must bring to the Judge's attention the circumstances of these proceedings and by making these applications, you will have a far greater opportunity to present your side of these events, because if you only sent in your statement oppossing the charging order, then the DJ would only probably read through the case file very briefly and miss some if not all of the facts to these events, in otherwords, the DJ would of already decided on the Hearing!

 

Anyway bilious, be back morrow evening.

 

Kind Regards

 

The Mould

[bilious]

thanks mould do i have to do a witness statement and if so can anybody help with that, will also need help on the second n244 please if they are to be in by friday..have written to the court asking for all of that can't get there in person as i have my little one... and no car seat for her..

 

If i phoned them would they be able to e-mail it to me?

 

Just twigged am i filling in these two n244 forms with the same particulars but just different headings mould? Anyone???

Edited February 1, 2011 by bilious

[citizenB]

bilious, Mould has said he will be back with you this evening.. so dont panic.

 

I think you will need to submit a supporting WS with your N244

[bilious]

Oh great can anyone help with that? And how do i fill in the second n244? Biggest problem is i don't get paid till monday and is it a major problem mould if it goes in on that day instead of friday? Have calmed down a bit after reading incredibly unlikely to force a sale of home if debts are in my name only (which they are.) and force family out but views appreciated!!

[The Mould]

Good evening bilious

 

Right then, I have made a little bit of time to assist you a bit further tonight instead of the morrow night.

 

Second N244 - the order that you are asking the court to make is; Discharge of the charging order (intrim) under CPR 73.9 and you are also asking the court to dissmiss the forthwith Judgment that was awarded at the redetermination Hearing on the 21 December 2010.

 

Having reviewed your case, I think that the Mercantile v Ellis case ruling may not be of any advantage to you and I say this simply because of said forthwith Judgment.

 

So, the reason why you are asking the court to discharge the charging order and dissmiss the forthwith Judgment is because of the original Judgment/installment order that you were no in default of and because you were not served any copies of the claimant's app, his statement(s) and any documents in respect of the redetermination hearing and you were not served with any notice of date of said hearing, therefore you were denied any opportunity to oppose the claimant's app for redetermination.

 

You want to know what was the reason(s) why the court over turned the original installment order when neither party had attended that particular hearing, further, the court had already determined the rate of payment which was based on your I & E, clearly you were not able to increase the payment set by the court and you most certainly could not afford to pay the Judgment in a lump sum forthwith, so it does really seem to be rather unjust that the court should over turn/dissmiss the original Judgment and instead award Judgment in favour of the claimant for the full amount of debt to be paid in full without delay.

 

Back in a min.

 

Kind Regards

 

The Mould

[The Mould]

Bilious

 

Are there tonight?

 

Kind Regards

 

The Mould

[bilious]

Ahh! So the land registry ones i've sent off quoting the mercantile are no good then? Doh!!! I realise your going offline for a while so is there anyone else i can get to help me with this... because i think i'll need a witness statement with my first n244 won't i?

[The Mould]

Hello bilious

 

Yes, unfortunately re-reading you case notes on here, because of the (unjust) redetermination forthwith Judgment the Mercantile v Ellis case cannot apply as a comparator/authority for you to comfortably rely upon, but don't worry about that now.

 

It would appear that your central argument lay with the forthwith Judgment that was awarded at the redetermination hearing, you will be asserting that the forthwith Judgment is unjust and that it is your contention that it was awarded in error.

 

Can you email the claimant's Solicitors on the morrow and request that he serves a copy of his application, his statement(s) and all supporting documents that he intends to rely upon for the hearing on the 24 February 2011 via email to you without any delay?

 

We really need to see what the claimant has said in his statement(s) made in support of the charging order.

 

Also, ask the claimant to email you a copy of his redetermination application and a copy of his statement(s) and any documents that he filed to court in support of that said Application notice, because that would be extremely useful and helpful to know what he has said.

 

OK bilious, see if you can get hold of the above for the morrow evening, if not, then I shall have to return here next week (when you have those copies of those documents) and go through the second N244 with you then, this might cut the time limit down, but your apps should then be heard on the same day as charging order hearing before the charging order hearing.

 

Your receipts of the £20 payments are your evidence/exhibits, your email communication in respect of that Transfer of Hearing is also evidence for you because it shows a clear indication that you fully intended to oppose/put your objections forward against the claimant's redetermination app.

 

Come back, Roger - over.

 

Kind Regards

 

The Mould

 

Bilious, right now, is there anything else that you can think of, out of the circumstances to this charging order hearing that would be to your advantage?

 

Also, do you understand what I am saying that you need to contend with in your statement objecting to this action by the claimant? (Bilious, please don't take that the wrong way, I am not patronising you, absolutely no offence meant to you)

 

Glad to hear that you have calmed down a bit, these situations can be daunting I know, but in reality, there is absolutely nothing for you to worry about.

 

Kind Regards

 

The Mould

 

PS I have to go off-line in 20 mins

 

Bilious

 

Is there anything that you want to ask before I go?

 

Come back, Roger - over.

 

Kind Regards

 

The Mould

 

Bilious

 

I shall have a brief look-in on your case over the next couple of days to see if you have been supplied with any of those docs by the claimant (or the court).

 

Catch up with you shortly, in the meatime, if you do get stuck, then see if you can give andyorch a shout to find out if he has any available time to assist you in this matter, I shall be back with you bilious, I am not abandoning you.

 

Kind Regards

 

The Mould

[coledog]

Billious

 

Check through your thread and make some notes. Post up a list of what you are doing and any questions you have. PM any previous contributors and ask if they can look in and advise. This a very serious and worrying situation that you are in and I want to make sure that you get the best advice

[bilious]

Thanks guys will get stuck into this, this weekend for sure! am supposed to be meeting with CAb tomorrow, but do think it's going to be a bit of a time waster?

 

Thanks for your help guys, yes themould i understand what you want me to say will have to re-organise my first n244? and any time you can spare is a godsend! i know your not abandoning me, and you have your own problems much worse than mine, and am sure there's great help to be had by others here

 

Anyway have sent the e-mail requesting the documents, have sent two letters yesterday to land registry and to optima (contesting..) a letter is off to the court manager today, so when i get all these back i can attack both n244's and my witness statement. but am not holding my breath with optima if they haven't already furnished these before and was i supposed to get em?

 

Hiya! mould et all their sols have got back to me straight away and basically said ( get lost! will furnish me with the docs i already have. and that these are what they'll be using in court in court but will not send me the others docs i asked for, re: the redetermination etc etc...

 

Any views.

[AndyOrch]

Hi Biious

 

Was that response by email? Please retain it for further use.

Billious can you check back to the original judgment, check it very carefully was their provision anywhere for a CO

to be made in the future.

Can you also just clarify the amount involved ball park figure.

 

Regards

 

Andy

[bilious]

I believe there was no provision for a co andy just 16 days to appeal which they did! tried to transfer it to a court near them i got it transfered back to my local court looks like a redetermination was held without either of us knowing, dj overruled the installment order which i haven't defaulted on, for a forthwith which they then went and got an ico, (again knew nothing of this till it arrived in the post 3 weeks after the hearing...)

 

Make sense? Oh and its about 11k for all the dca's and sols peeking in..

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/Interim/Originaljudge.jpg

 

that's the original one..