Hi Molly my head hurts reading it.....well done you. My forms have listed all my creditors so do the courts inform them or the solicitors? Also im not sure if I should be getting the interim set aside or just objecting at the hearing? If you can shed any light as I just dont understand why the judge has allowed me to make installments but given them the permission to apply for a charging order its that that I need to clarify as I want to object on the basis I have not missed any payment on my ccj even prior to redermination so they should not be able to give a c/o but I dont understand what notwishstanding the installment already made means.

Hi, I was awarded a CCJ installment order but then went back to court in December as MBNA/RESTONS wanted redermination hearing as they said would take too long to repay and want a C/O so wanted a forthwith judgment. The judge ruled as the following: It is ordered that There be an order by instalments to continue at the rate of £xx per month as already ordered. Liberty for both sides to review the order. If so advised claimant be permitted to apply for a charging order, notwithstanding the instalment order already made. date xx/xx/xx I have now recieved an interim charging order as follows: We enclose by way of service an interim charging order dated 5th february 2012 which is returnable for 8th March @ 11.00am at bla local court. we enclose n379 form dated 30/1/2012 filed with the court in support of claimants application. if you are aware of any creditors not mentioned please advise bla bla." I have read that these orders are hybrid orders and my defence would have been based on THE COUNTY COURT ACT 1984 86 Execution of orders for payment by instalments.. (1)Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order Has anyone had experience of these orders as I cant seem to find out what the exact stance is based on both an installment order and the right to apply for a charging order? I want to oppose the C/O but am really confused if the section 86 will be enough. If anyone can shed any light on the law in this case I would really appreciate some help.

anyone out there??

Hi all, I have been up and down like a balloon with restons lately, now is a down. I have just recieved a CCJ and Restons are taking me back for reditermination as they want a charge on my house and are not happy with my £40 CCJ payment against there 9k debt. Firstly I am petrified as court date 21st December..... I just wondered if Restons will be there? also I was going to go down the route that if I totalled up my debt with HSBC it would be slightly more so I think its unfair to ask for full payment with intention to do a charge on the property, when I owe hsbc more and have 5k with natwest. I also have arrangements in place with both HSBC cards and Natwest as they have been fine to me so far. Can anyone give me any more advice that the judge may not ask for the whole amount so I fail the new amount, and they go for a charge? I can afford to pay the £40 and wont default as I know they will get me that way too. If anyone has been to one of these hearings and can share thier experiences, I would love to hear from you as petrified on what to expect. S x

Thank you, I will sort tomorrow. They want a charging order on my house basically so will get there judgement and go for that which was what I was trying to avoid. I also have an arrangement in place for a HSBC credit card and my mortgage is with them too....do you think its worth talking to HSBC to get them to oppose a charging order as my debt is just as large with them and my mortgage is with them too.. s x

Hi. I wondered if anyone knew if I can change from defending my credit card court claim to accepting with monthly payments. My issue date from Court bulk centre was 29th September, and I have acknowledged online to defend all the claim as I did not have copy of signed agreement, I have not put in any defence yet but I have recieved my CCA today with my signature on and I have copies of default and termination docs etc so I dont think I can realistically defend now. Can I change my mind??? If so do I just ring the court. Any help would be great.

Hi, Thanks I just feel such an idiot as its gobbeldy gook when you read so much lol. I was making payments until around september last year and then was out of work so asked for reduced payments, they froze interest for six months and I paid abot £20 per month but then at the end of the six months they sent a default in February (just found it) then passed to Restons and I have made small payments monthly but they want my house and told me they wanted a charge from the first conversation with them. I have most of my statements from number 2 onwards. I dont think I got a letter before claim but will check. S x

hI, Thank you for getting back to me....I have been reading that post as you mentioned her earlier so I found it and have been reading it...I have been reading lots to get as much information as possible, I think its the process of defending the claim I am unsure of what I am in fact defending? am I defending the fact I dont have the information. Perhaps thats why I am struggling with it all as I am supposed to put in a defence but have no idea how or what to put in it. The more I read the more I get confused....perhaps it wasnt such a good idea for me to do this if I cant get my head around the legal jargon and understand it. Sorry

Anyone? BUMP

Hi, Yes it mentioned default and contract, I have just found my default notice in some paperwork from February 2011 but wanted the contract. Perhaps I should have just asked for contract? I also sent s78 to Restons and MBNA for agreement but Restons said they are a solicitors and are not obliged to comply but will request from MBNA, I have not had response from MBNA yet. I have not submitted a defence yet and could do with some help. s x

Thanks, I didnt take any PPI with card so I havent got that but I do have normal interest charges and a few default charges. So can anyone help with my reponse to cpr31.14 from them??

thank you so much, yes think it should be removed and can start another will also ammend documents.

Hi, Oh i didnt realise....how can I delete the thread? or parts of it?

Hi, I have used eraser tool to block out now. court claim copy.pdf termination copy.pdf cpr31 response copy.pdf cpr31 request copy.pdf

Hi, I was helped in relation to a county court claim from MBNA for a credit card which has now gone to Restons solicitors and it was suggested to defend the claim by you lovely experts. I have recieved responses from Restons solicitors and I am to say the least confused:???: I have not put in my defence yet and would appreciate some help (should I be doing that within 14 days) I have acknowledged online on 6th October to defend the whole claim. I have sent cpr31.14 to restons and s78 to both Reston and MBNA to cover both. I have attached the letters from Restons in response to my CPR31 14 AND s78, and would appreciate some guidence. I have also attatched the court claim letter to give you a better idea of dates and POS. Any help would be appreciated as I dont know what to do next. S x

Thank you you are a star!

Hi, yes the claimant is MBNA and address for sending docs and payments is Restons. Particulars to the claim state word for word the following: "The claimant claims payment of the overdue balance due from the defendant under a contract dated on or about 27/09/2005 in the sum of 8710.56." Particulars account number xxxxx Date Item Value 01/06/2011 Default balance £8760.56 30/08/2011 post refrl cr -£50 Total £8710.56 Thats all that is in that section! thats why I thought it was odd as is said "on or about" surely they should know when the contract was dated. So I send a sec 78 to MBNA? s X

Hi, yes seems complicated but perhaps worth a try, has anyone else had any dealings with Restons to know how they play? I have had normal interest charges and some default costs but nothing major. I have kept most of my statements from statements from the second one onwards so I have most of those to check. At the start of the card I did balance transfers at 0% for a while and rarely used card itself. My issue is the way they keep upping your credit limit on interest free offers to a quite high level within a short timescale, then when you have difficulties when interest and payments go up! I just dont think because you make your payments they should keep increasing your credit limits to put temptation in your way as its unsustainable when the interest starts. So how do I start, I have read I need to acknowledge online to defend with court then send CPR31,14 to Restons and I think a CCA request to MBNA is that right?

Mmm good point, no CCJ will be preferable lol. So what sort of costs am I looking at to defend? worst case scenario. S x

Hi, Thank you I think my worry is that they will drag me though courts which I have no idea how to deal with, and I will mess up my chance to pay monthly. If I defend and they produce the paperwork (unlikely) what happens then? Also if they cant produce papers required in court, do i still have to pay them but they cant legally challenge me? sorry for all the questions lol.

Hi, Recieved claim form for CCJ from Restons solicitors on behalf of MBNA from bulk centre northampton county court. Particulars to the claim state; The claimant claims payment of the overdue balance due from defendant under a contract date on or about 27/09/2005 in the sum of 8710.56. No details of this contract supplied. Is it normal for them to write "on or about" why dont they know what date I signed the agreement? I have been making token payments to MBNA and restons but they basically told me they are looking to put a charge on my house which I really dont want. I can afford to pay about £40 a month to a CCJ but I am worried they will just decline and go for a charge. So my question is should I defend and see if they can supply the CCA and if they do supply will that impede on me getting monthly payments on a ccj. Or should I just roll over and admit the claim as I probably dont stand a chance against these solicitors anyway? (i have heard they are vile and get charging orders like sweets). Any guidance would really help.

Hi, I have just received a letter from my Virgin credit card to inform me that due to my Credit score or economic conditions or changes in regulartory obligations they are going to hike my rate from 20.9 to 29.9%!. They gave me the option to decline and no further use which I have taken immediatly. I have £8600 on the card which I have had pre 2005 and I am so annoyed they can check my creditworthyness willy nilly as I pay every month on time and never missed payments. I cant get credit to pay the bill now as its such a high balance, which they were happy to keep increasing. I am considering a subject access request and CCA, can I send in the same envelope or should I send seperately? I didnt want to damage my credit rating unless I had to but now I wondering why I bother. Some advice would be appreciated. S x

Hi thank you for the link although I couldnt see any information on caravans? I may have been looking in the wrong place so if you could advise that would be great. I think the problem is with Torbay council specifically as they quote that caravans and boats etc are excluded from LHA from what I have read. This seems to be unfair as the rules seem to change from council to council. I have read that she can claim for fees but Torbay council say that as not classed as residential she cant.

Hi, My mum is 60 and just come out of a messy divorce and with her assets she could only buy a caravan home on a privatly owned site. She was advised as she was previously on disability and on a pension she could get help with her fees as these were quite expensive to manage on a pension for her yearly. She is now living in the caravan as she thought she could get help, and put a claim in for housing benefit but they have said no as it is not a residential site as you only can live there 11 months of the year so classed as holiday home and unable to claim. It is really frustrating as she was advised she could and is now struggling to live and manage the fees. Can anyone help

Thank you for your help I am a little concerned about the reprocussions to be honest but think I will attempt to get the CCA and go from there. The debt is £9k so worth a shot. The interest rate and them increasing my credit limit from 3k to 9k over the years has caused me get into this trouble as its to easy to use in times of need. I will see how I get on. Thank you again:smile: