Restons / Charging Order

[MilfordGirl]

Hello Everyone

 

I am hoping to serif anyone can advise me please ?

 

Background - credit card debt £20K, CCJ obtained forthwith, Interim then Full Charging Order granted

all in 2011 by Restons

 

I didn't attend CCJ hearing but did attend Charging Order hearing.

 

No repayment terms were set at CCJ or Charging Order hearing.

 

I have so far repaid back £4K so debt outstanding is now £16K. Not heard anything from Restons in 4yrs.

 

My question -

 

Recently had a letter from Restons wanting a full I&E etc. They say it's to make sure affordable and realistic payments are being made. If not sent to them though, order for sale can be forced they said.

 

As no repayment amount was set by court can I apply to court (even though it was 4 years ago) to get a Variance Order so I can set a fixed monthly amount rather than panicking and paying more than I can afford.

 

The logic behind this being if I have a set amount made by court and stick to it then there should be no reason for them to try force an order of sale.

 

Does my rambling make sense ?

 

Thank you for listening.

 

Megan

[citizenB]

Do you have a copy of the original Judgment? Did the original Judgment contain a Money Order ? (eg instructions for repayment) and was there any reference to them adding interest to the Judgment Debt ?

 

I think it might be very difficult for Restons to obtain an order for sale if you have been making payments toward this. However, I will flag your thread for those who have more knowledge in this area.

 

Have they said in their letter, by what date you need to respond ? Whatever you do, DO NOT telephone them.

[Guest]

yes, should be able to still apply for an instalment order. may then have the instalment order protection as per section 93 TCE Act that you allude to.

[dx100uk]

£20k credit card debt..blimey, what one card?

 

 

did you ever investigate getting an SAR off to the original creditor?

might be lots to reclaim here inc PPI?

 

 

who was the claimant on the CCJ?

the original creditor or a debt buyer?

[MilfordGirl]

Thanks for your replies everyone.

 

The original CCJ was obtained fairly I believe. No PPI to reclaim sadly. It was a HFC credit card.

 

No money order, no repayment terms. It was a CCJ which was forthwith. As I couldn't pay straight away it was a forthwith CCJ which then resulted in the Charging Order Final.

 

No arrangement to pay was mention st the Charging Order hearing either.

 

Along with family helping I've managed to repay varying amounts back over the years.

 

I'm wanting now to try fix a monthly amount and then stick to it so i get that protection. I thought about trying to apply for a variance order to the Original judgement. I wasn't sure if there was a time limit after the judgement to do that ?

Also can you even apply once a charging order is granted ?

 

I've got a week to send a I&E to them or else order of sale. Seems unfair when I've repaid back £4K and not heard from them for 4 years.

 

If I send an I&E I can only afford £50 month. My Family have been chipping in to make it £250 month but can't help forever.

 

Thanks everyone

 

Megan

[MilfordGirl]

yes, should be able to still apply for an instalment order. may then have the instalment order protection as per section 93 TCE Act that you allude to.

 

Hi Ford

 

Do you know how I would go about this ?

 

Thanks

 

Megan

[dx100uk]

Get the variation order sort

I'll pop in after

 

HFC/IND ccj/co never know any not to be a total stitch up job somewhere in its timeline

 

Dx

[Guest]

Hi Ford

 

Do you know how I would go about this ?

 

Thanks

 

Megan

 

court form n245 (with a court fee unless fee remission) i think wld be appropriate? court will send a copy of yr app'n to the claimant. if claimant agrees, order granted. if they dont, then court will decide in the circs.

i think a later inst order wld still be applicable re s93?

do correct if wrong.

TCE Act = Tribunals, Courts and Enforcement Act

 

but, as dx suggests, double check that all is in order/no ppi etc.

[MilfordGirl]

Sorry to be dizzy but what's a instalment order s93 ?

[Guest]

Sorry to be dizzy but what's a instalment order s93 ?

 

http://www.legislation.gov.uk/ukpga/2007/15/section/93

[MilfordGirl]

Hello Everyone

 

 

I have just looked at Form N245 and think it may be the wrong form. At the CCJ or Charging Order hearing no mention of paying back was discussed. Therefore I cannot complete N245 as I haven't an original order to vary the payments on. Does this make sense ?

 

 

I am wanting to set an order in the first place if that is possible or should I contact Restons with their I&E and see if they accept my offer first. Just scared to ring them that's all.

 

 

I'd rather a court decided rather than them as they frighten me.

 

 

Thanks

 

 

Megan

[citizenB]

Hold tight for a little while and I will ask andyorch for you.

[AndyOrch]

Its the Judgment Order...the claim number that you wish to vary payment method.

 

 

Andy

[MilfordGirl]

Hello Andy

 

 

Thanks for helping. I'm getting a bit muddled now !

 

 

Do I need to ask the court to vary the payment method / amount on the original judgement ? Is that still N245 ?

 

 

Can I still do that after 4 years ?

 

 

Thanks

 

 

Megan

[citizenB]

Thanks andyorch, I understand what you are saying now. The original Judgment was a forthwith Judgment and it is that which needs application to be varied

[MilfordGirl]

Ah Thanks guys. That's what I mean !

 

 

Yes it was a forthwith CCJ then went to Charging Order Full.

 

 

I want to try and vary the forthwith order to fixed monthly amounts.

 

 

Is it possible after 4 years considering the debt is now a charging order ?

 

 

Thanks

 

 

Megan

[AndyOrch]

Hello Andy

 

 

Thanks for helping. I'm getting a bit muddled now !

 

 

Do I need to ask the court to vary the payment method / amount on the original judgement ? Is that still N245 ? Yes correct

 

 

Can I still do that after 4 years ? Yes

 

 

Thanks

 

 

Megan

 

Basically you want to change the Forthwith to a monthly payment...(although unofficially you have been paying monthly) this will then have courts approval.Once its all agreed and sealed and providing you never miss a payment ....an application for Order of Sale is impossible.

Regards

 

Andy

[MilfordGirl]

Thanks for your time Andy that's exactly what I am trying to do.

 

 

Do you think the fact that I have been paying 'unofficially' to reduce the debt will look positive and help in my case ?

 

 

What would be the course of action if Restons reject the offer and overrule it. I cant see them agreeing to it as they know it means they cant force a sale if I stick to it. They loose out.

 

 

Megan

[AndyOrch]

If you base your proposal on roughly what you pay now...how can it be rejected...assuming the I&E substantiates your proposed offer?

[MilfordGirl]

That's going to be the problem Andy. My family have been helping me out and chipping in where they can so the amount I have been paying is more than I can repay on my own. They cant help forever and its my debt not theirs.

That's why I want to vary the amount to something I can realistic pay based on my I&E.

Would I just tell the judge that family have been helping hence a higher amount has been paid ?

[AndyOrch]

If that's the case ...complete the I&E and offer an affordable realistic payment...if they reject it the court will set one...if it moves to an hearing you can then explain as to why the previous payments were not a true reflection

[MilfordGirl]

Thanks Andy I'll do exactly that.

 

 

In your experience, would it be considered a good thing to try and sort the monthly payment with Reston's first ?

 

 

(Although I am thinking by doing that I still don't get the protection further down the line from the court setting it etc)

 

 

Megan

[AndyOrch]

In a word....no...they will forever hold you to ransom and keep requesting a review of your financial position.

 

Please complete the I&E contained within the N245

[citizenB]

the fact that you have been making payments regularly will definitely go in your favour if there is a hearing.

You do need to base your repayment on schedule on money YOU can afford out of your own disposable income and not to include the financial help you have received from family.

 

You should make it clear that to date, family have been helping but this is no longer available to you.

 

I have attached an I&E form below - it is one that is used by CAG for those people facing repossession, so is acceptable to the court.

 

Unless you can record the call and are confident in speaking with Restons, then you should put your offer in writing - send it by tracked method and continue to make payments based on your I&E

 

[ATTACH]60276[/ATTACH]

 

Although personally, I would much rather make an application to the court that way you have their protection of your offer.

[Old Cogger]

The family stop paying - then no court can order them to pay for you./

 

 

Restons are bullies and to be honest one day trouble on DCA/Debt purchasers can be seen if the Government do not change their rough attitude to debtors and let Bankers off scot free, can see it coming.