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baggles

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  1. They stopped the interest when we first got into difficulty but there obviously were interest charges up until then. NO PPI either. We have a son with special needs, should I as co-owner of the house, file a defence stating my child would suffer if we were forced to sell? Although my hubby already said this before and was told that you are NEVER forced to sell?? Somehow I doubt that!!! They (restons) are going on the fact that our house, although in neg equity now prob won't be in 10 years so the charging order is worth having!! I can't believe how a court can tell them NO to charging order, set a judgement for monthly payment, they then appeal and get refused, they then appeal to a higher level judge and get the appeal granted! What a waste of taxpayers money (we of which are 2 of those taxpayers) its a flipping joke!!!
  2. Sorry no arrears charges but the debt is now just under 10K due to all court charges. Which in fact is £860 not £2K as originally quoted i've just got figures from hubby!
  3. The original debt was £8K now over £10K with all their fees for court attendances etc etc interest etc etc ! So out of order!! We were told it would be very unlikely they would get an appeal after being turned down the first time but they did, just panicking why the judge would of granted it AND whether its likely it'll be the same judge who hears the case that granted this appeal?!?! Thanks
  4. Hi, We have a credit card debt with MBNA that was passed to Restons last year. We ended up in court in October, they had already applied for a charging order unbeknown to us as as we were away with no knowledge of any hearing, it was granted. We got the case re heard in November and the judge threw out the charging order as in we are in negative equity and our income etc and an amount was agreed to pay monthly. HOWEVER Restons being the W*****S that they are, argued with the judge and tried to appeal. This was turned down and so last Friday they appealed AGAIN to a higher level judge who has GRANTED their appeal!!! Advice please on where we go from here, any cases we can quote at the appeal? I appreciate that if we allow the charging order they will leave us alone BUT we have other creditors who have agreed to payment arrangements and they could potentially follow suit and obviously we are very worried about loosing our home. This debt is my husbands alone, not in joint names. Our home is in joint names. Thanks
  5. It seems no one wants to help me................ I thought this site was so good but no one replies to me with anything helpful?????
  6. Can anyone help/ advise me. I have to take paperwork to court tomorrow morning to be there in time for the charging order hearing am really desperate!!!
  7. ok, Costs Court Fee £190 Court Cost £100 Interest £280 Cost re hearing £500 Court Costs £55 Interest £111 Todays Costs £200
  8. Thats great Thank you, am by no means experienced at this. Would really be grateful for all your wealth of advice though.......
  9. I'm stressing majorly!! There was Interest on the acc but by restons, the CC company stopped it when I first got into difficulty. The judge suggested I speak to the CC co and put payment plan to them but they wouldn't talk to me before court, will they now after court??
  10. Dear All, I went to court today, taken by Restons. I owe 8,500. They have added some £1,500 fees. The court has said we have to pay it now! Obviously i I can't so have been told to apply to have it put into instalments. I am going back for the court to re-hear about the charging order they have on our house because we never received any paperwork on it and so we applied to have the case set aside. The judge said the CCA stood and the fact they stopped sending statements doesn't matter as the acc was closed. What can I do about the fees from Restons, anything?? Also if we all can agree on a monthly payment will they still get their charging order, I was hoping it may only be if I didn't keep up the instalments would they get it?? What happens if we can't afford the instalments? Can they then force us to sell? We need to send the paperwork back TODAY so need help now!!! Please can anyone advise??
  11. Dear All, I went to court today, taken by Restons. I owe 8,500. They have added some £1,500 fees. The court has said we have to pay it now! Obviously i I can't so have been told to apply to have it put into instalments. I am going back for the court to re-hear about the charging order they have on our house because we never received any paperwork on it and so we applied to have the case set aside. The judge said the CCA stood and the fact they stopped sending statements doesn't matter as the acc was closed. What can I do about the fees from Restons, anything?? Also if we all can agree on a monthly payment will they still get their charging order, I was hoping it may only be if I didn't keep up the instalments would they get it?? What happens if we can't afford the instalments? Can they then force us to sell? We need to send the paperwork back TODAY so need help now!!! Please can anyone advise??
  12. Hi, Desperately ned some help here. Hubby due to reduced income became unable to pay CC with MBNA. They reduced his payments for 7 mths after this they stopped sending him statements, he hadn't noticed and it was passed to Restons. He was by this time in a DMP and was paying MBNA some £11 per month. Restons demanded £250 per month. He started paying them £70 as that was all he could afford and family were helping with most of this!!!! They continued to harass us and we continued to pay the money doth through the DMP and ourselves. They kept threatening! Anyway. we went away to family for a couple of weeks and when we returned we had a letter from Land Registry to say they were applying for a restriction. We got on to the courts and the case was heard on the 5th August, the day we came home! We had received NO paperwork from the court or we would of attended. Anyway we immediately applied to have the case set aside, we now have a court date beg Oct and another re- restriction being made permanent a week later. We went to MBNA for a copy of the CCA and is seems hubby applied online in Aug 2004, although no signature, I assume we have no leg to stand on with the CCA??? What is likely to happen in court. We have a special needs child who is on disability allowance of the highest degree and I am so stressed we may be forced to sell our home by these nasty people. Hubby never missed a payment although we knew it wasn't enough, will this help us in court? We also have an email via the DMP to say Restons agreed to the monthly payment!!! This is in my hubby's name only. Should we do a defence to the court pre - our hearing anyway? explaining all this? My hubby also has his own business and getting a CCJ would be detremental to this. What should we do, we have no idea how to proceed and the court date it looming daily!! Please can someone give us some advice?? Thank you
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