wycombe V Restons (MBNA)

[axxsabian]

Also adding best wishe's go get em;)

[manchestman]

My best wishes too for today

G

[NewToTheFight]

Best wishes my friend, looking forward to some good news for you.

[wycombe]

My thanks to everyone for their best wishes.

 

Unfortunately this is another one to be chalked up to the judge lottery.

 

My SJ hearing was set for 2pm and we went in about 4.15pm

 

My opposition was a high flying barrister from some Chambers in the Temple. Anyway he kicked off with his skeleton argument (which he tried to present to me about 10 minutes before the hearing was due - judge was not concerned). I diligently made notes of the points I was to raise and challenge when it came to my turn.

 

This is when I discovered I was sunk without trace. The judge was not interested and would not allow me to challenge anything is Ms Powell's WS because it was a sworn statement of truth. Then she reminded me this was a forty minute hearing and she was going to finish in that time so I was told I could not refer to case law or submit such. I was unable to challenge the application/agreement or the DN as what Ms Powell stated was true. Then Carey was mentioned - great I thought as I have the arguments off pat for this but the judge would hear none of it.

 

I thought to myself why on earth am I here! She then told me that my case was based on technicalities and had no merit. Anyway the SJ was given and I have 21 days to try and get the readies together then MBNA can go for enforcement. Talk about one-sided! My WS counted for absolutely nothing and everything the opposition stated was deemed as unchallengeable fact. Hopefully they will then discover that I am a 'man of straw'.

 

Anyway I do not have the money or stomach for an appeal - I am in hospital on Tuesday for a major operation and this is going to knock me for six for a bit. I'm going to have a short break with the wife before my op and hope to be back on CAG again once I am discharged.

 

Again I give my heartfelt thanks to everyone who has helped me in any way - many have become friends and I value this greatly. Do not be downhearted by my experience as I doubt if anyone could get a judge as one-sided as this one was.

[LB145]

Wycombe - I am truly sorry to hear your outcome - must have been twinned with my DJ - there must be so much background talk regarding these cases that judgement is given before you have started.

 

I know you have a lot to think about and you have your health to consider which is far more important! I am glad you and your wife will have time to get away from it all - it really helps!

 

Well you will get losts of advice with regard to appeals but I had 14 days to get £10k and fortunately was able to turn to relatives for help so after much thought I made the payment in full because I am self employed and have equity in my property (will be paying it back for the next 10 years!). I was told that if I spoke to Reston's I could make payments on an installment plan and all interest would be frozen. However when I realised at day 13 that I could not get the money until two weeks later, I informed Restons and they agreed on the telephone but behind the scenes that put a temporary order on my house. I missed the 30 day deadline set by the courts and although I have paid this in full I still have the CCJ on record - so perhaps I should have just dripped them the money over many years!!!

 

My thoughts are with you and your wife - all the best for your operation and I wish you a speedy recovery, do not let this eat at your kind spirit. LB

[DizzieDiva2010]

OMG you poor man, my thoughts are with you. I wish you a speedy recovery with regards to your operation, enjoy your time away. Take care DD

[foolishgirl]

I am truly sorry to hear this Wycombe - a real travesty of justice.

 

To be treated like this by a member of the judiciary is truly appalling & it really should be appealed. However I can appreciate that you are not fit to appeal & would therefore suggest your best way forward would be to apply for a Redetermination immediately. That would hopefully enable you to pay in instalments & providing you keep to the payments ordered by the court, it would prevent any further enforcement action.

 

Then you can concentrate on your op & recovery. Best wishes for both...

[NewToTheFight]

Sorry to hear the outcome.

Check your PM

[citizenB]

Oh no, I am so sorry to hear this Wycombe. This is just so unfair.

[Fluffystuff]

Wycombe,

 

There are no words worth adding to those already said. Feel so terribly indignant on your behalf - what sort of a justice system is this country running!!

 

Sincere good wishes for a successful operation and a full recovery. Take care. xx

[Chipmeister]

Wycombe, apologies for the delay in my response - I retreated from the world for a couple of days to spend some valuable time with my family.

 

I am so sorry to hear that you have been trampled on by the system. I hope that you are in a position to at least go for redetermination.

 

All the best for your operation.

 

Take care,

CM

[Meldrew]

I am truly sorry to hear this Wycombe - a real travesty of justice.

 

To be treated like this by a member of the judiciary is truly appalling & it really should be appealed. However I can appreciate that you are not fit to appeal & would therefore suggest your best way forward would be to apply for a Redetermination immediately. That would hopefully enable you to pay in instalments & providing you keep to the payments ordered by the court, it would prevent any further enforcement action.

 

Then you can concentrate on your op & recovery. Best wishes for both...

Absolutely right fg - truly appalling news, wycombe. Yet another illustration of the old adage "If you seek justice, don't go to law".

 

I agree with fg that in your circumstances, unless you can agree an instalment plan with MBNA one recourse is to ask the court for an order to pay by instalments, for which you use Form N244, enclosing an income & expenditure statement showing what you can afford. Resist any attempt by MBNA to put a charging order on your house - though the outcome of that would again depend on the judge's whim. I thought Redetermination normally applies where the judgement was made without a hearing - more experienced CAGgers can probably clarify that.

 

You can apply for a Debt Relief Order if your total debts are less than £15k and your disposable income is less than £50/month. All those debts would be wiped off after a year, but they and the DRO would remain on your CRA files for 6 years making future credit difficult and/or expensive.

 

A sad day for British justice.

[foolishgirl]

..... one recourse is to ask the court for an order to pay by instalments, for which you use Form N244, enclosing an income & expenditure statement showing what you can afford. I thought Redetermination normally applies where the judgement was made without a hearing

 

 

To clarify. You can apply for a redetermination if the DJ has not ordered monthly payments at the original hearing. You don't need an N244, just a letter with I&E but I think it must be done within 14 days of judgment.

If the DJ has ordered monthly payments at the original hearing & you want to reduce them, you need a formal app. on a N244.

You shouldn't need to attend a redetermination hearing unless the original order was made without a hearing.

[axxsabian]

OH MY GOD !!!!!!!!!! I am so so sorry to hear about the outcome It just shows that we are at the mercy of DJ'S that seem to want to take the easy optoin and side with the claimant that apparentley in the eyes hold all the cards

 

Im just so dumb struck !!!! you were holding all the aces and had an open and shut case !!!!!!!!!!!!

 

I hope you have a successfull operation and a speedy recovery

[Meldrew]

To clarify. You can apply for a redetermination if the DJ has not ordered monthly payments at the original hearing. You don't need an N244, just a letter with I&E but I think it must be done within 14 days of judgment.

If the DJ has ordered monthly payments at the original hearing & you want to reduce them, you need a formal app. on a N244.

You shouldn't need to attend a redetermination hearing unless the original order was made without a hearing.

Thanks fg - I knew someone here would have Redetermination info!

 

Also, point taken about writing to pay by instalments - that'll save you a few quid wycombe, although if you have a lowish income you shouldn't have to pay any court fees at all (or very little) - see post #22.

 

Best of luck with the op. You'll have plenty of food for thought while recuperating.

[wycombe]

A very quick message to thank all who have given supportive and encouraging messages.

 

I have just come back from a very relaxing weekend away with the wife. Computers etc. were totally banned!

 

Also my thanks for the many PM's and apologies for the lack of reply. I do not have the time to reply to these now but will do so when I am out of hospital.

 

FG - I have taken on board all your advice and have wrtitten to the Court this morning - as you have so kindly suggested. Many thanks for this advice.

 

I have to prepare myself for hospital admittance now and my op later today so apologise again for the brevity of this message. Again sincere thanks to all. Hopefully will be in touch again soon.

[foolishgirl]

Best wishes wycombe, we'll look forward to your return...

[wycombe]

At last I am back in the land of the living! Back at home and very sore!

 

Before going in for my operation I took FG's advice and wrote to the Court asking to pay by installments within my means etc. But I am getting a little concerned as there is no reply here from the Court to acknowledge the letter in any way.

 

Attached to the SJ that was here when I got out of hospital was a document entitled 'I cannot pay my judgment - What do I do?'

 

This states I need to apply for a varied order on Form N245.

 

Do I now need to do this or just wait for a response to my original letter?

 

Any advice on this will be most welcome.

[foolishgirl]

So glad to hear you're back home wycombe, all best wishes.

 

Did the judgment state any directions as to method of payment eg. immediate, within so many days etc or so much a month?

[wycombe]

Hi FG,

 

Thanks for the rapid reply!! My SJ justs gives a total figure including all the costs etc to be paid by 23rd September. The installment bit is blank.

[Chipmeister]

Hi Wycombe,

 

Glad to see you back again, and hope the soreness eases soon.

 

All the best,

CM

[foolishgirl]

I took FG's advice and wrote to the Court asking to pay by installments within my means etc. But I am getting a little concerned as there is no reply here from the Court to acknowledge the letter in any way.

 

Attached to the SJ that was here when I got out of hospital was a document entitled 'I cannot pay my judgment - What do I do?'

 

This states I need to apply for a varied order on Form N245.

 

 

My SJ justs gives a total figure including all the costs etc to be paid by 23rd September. The installment bit is blank.

 

AFAIK if the judgment doesn't state instalments you shouldn't need an N245 to amend, a letter should suffice. Suggest you phone the court on Monday & ask if they have received your letter & if they actually require an app for variation when what you really want is a redetermination. i.e. what is the status & what do they want you to do.

 

Don't worry, you have plenty of time to submit if necessary. The Claimant cannot make an app to enforce in any way until after 23 Sept but just be aware that they may try.

[wycombe]

Thanks CM

 

Also my thanks FG - I will phone the court this morning and see what they say. Will post up the result later today.

 

I've been off line for a few days as I've not been feeling too chipper. But I have been expecting that being well prepared by my surgeon. It seems as if I have a few weeks to go before I'm back to any semblance of normality!

[wycombe]

Just got off the phone to the Court.

 

My letter has not been received - but was told that is probably not unusual as it went to the Court not the mailing address of the Court which is totally different!

 

The person I spoke to said that I had to apply for a variation order (cost £40) which is sent to the claimant - they will probably refuse - then it goes for redetermination.

 

Presumably this is the road I have to go down? If yes I will get on with it tomorrow.

[foolishgirl]

If that's what they want, you have no option wycombe. Hey, ho...