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sparklyfairy

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About sparklyfairy

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  1. 1. I never missed a payment as per my installment order - which should have prevented the charging order being granted 2. I explained to her (dj) that as per a cca debt, interest cannot be added. Never knew at the time I needed to bring in the case law to explain & back me up, I was under the false impression that djs were well aware of what was/was not allowed to be granted. This was my first time ever in court - I have now learned...
  2. I have to agree with whoever stated this is already taking place. I had an ico granted WITHOUT missing any payment on my installment order & WITHOUT a hearing. My only time in front of a dj was for the final co hearing, in which it was granted. This was in 2010. AND the dj allowed interest to be added although I fought that & lost & interest was granted...shameful the way djs clearly do not adhere to the law. Oh yes, from ccj - full co it took 6 weeks - quicker than their 9 week stats they give in the above docs.
  3. Ok, thanks guys - I've filed it away with the rest of my Reston's saga...!
  4. Hiya Egg! Yes, I plan on ignoring this & filing it safely away in my bin! I have read in a thread on Legal seagulls that they try this after a certain amount of time, the person who received it on LB confirmed to me they DIDN'T increase their payments & Reston's took no further action (their letter from Reston's was from 2007 btw)..from the sound of it our letters were almost identical - even offering me a "specially discounted settlement figure" - whatever! If they want an increase they'll have to apply for a redetermination. Hope this info helps anyone who gets something similar - I'll try to (remember to ) update this thread with any news on this front. Oh, the letter is from Mr Woof - I've never spoken to him but I have read he is one of the nicer ones (?) but Miss Tipping has quite the reputation for being absolutely vile...
  5. Ha! I was going to mention that to you, egg - it's a shame Bluback doesn't seem to post anymore - but it is so well explained on that thread by both of you - clarifies it all - almost thought you guys were one in the same!
  6. Basil, I hope to be another one to add to that list! I'm prepared to do all I can to find a worthy conveyancing solicitor & be armed with the fab info eggbox supplied from the Land Registry & see if they make the grade...
  7. Great thread. Just wanted to add for those looking in if they are going to fight a charging order - take any case law that you feel *might* crop up during your hearing - it's better to take more than you need..something I wish I had when my dj agreed with MBNA/Restons could add the 8% interest to my credit card debt. My dj clearly needed to be "educated" in this area. But having said that, since I have a Restriction, it's not too much of a concern. Also, I plan on putting my house on the market next spring but I think I'll make finding a clued up solicitor my priority now...thanks so much to Egg & Sequenci - all your advice gives people like me some confidence!
  8. Thanks Andy. Gany - I don't understand your post. Yes, it will take over 10,500 mnths but that's not the point. They were ALREADY granted a charging order & DJ agreed to my installments being set at £1. Can anyone tell me if this is a rare thing for a creditor to do? I was under the assumption that charging orders just sit there while you make the installments set until the time comes to sell...
  9. Hi all, Back at the end of last Nov Reston's were granted a charging order on my home. I had my installment order set by the dj at what the CCJ was - £1 pcm. I have just recv'd an I & E form from Restons asking for me to review the current arrangement & increase my monthly payments. They already have a ruddy CO for over £10k (well, Restriction ). I am just so annoyed! Can they persue me for more installment money through the courts? My finances are worse than in Nov due to rising petrol, food, etc. Any help is grately appreciated!
  10. Thanks, DD - I appreciate your advice! Good luck, Bilious & try not to stress too much, MBNA def aren't worth it!
  11. Snap! Yours with Re5tons, too? I seriously do wonder about them & their reasons for taking so many to court to get co's. Is it to "prop" up their assets so their company can look like they haven't "lost" all the money due to the downturn..hmmm.. Thanks, Sequenci - you are always a very big help to people like me!
  12. No, not taking me back to court yet. I just wondered what could happen - I know the solicitor for my creditor said "They won't be happy with £1 per month." My co hearing was a couple months ago - so still early days. I was ok at the co hearing - I knew what to expect from reading everything I could on here & people's experiences. Chin up & fight your case to the best of your abilities. It's not as scary as you may imagine.
  13. Thanks for the info. Yes, the house is jointly owned & we have 2 small children which our creditor knows about. I'm not worried in that I've ever lied to to the court & we have no savings to speak of. I would be happy to alter my payments to a reasonable amount when I find work - BUT I thought the fact they had a co granted would appease them. We'll see what will happen with them. I just haven't read of any similar situations of a redet after a co, so it's better to be aware imho & I appreciate the feedback.
  14. Hi there, I have a quick question & I was hoping someone could help me..I had a CCJ (NHCC set my repayments at £1), then when I got the charging order & was at court for the final co hearing the dj asked what could I pay I said that my situation hadn't changed & I could only currently afford £1 pcm (I'm unemployed). The creditor's solicitor said that the creditor wouldn't be happy with this (although they were granted a co..) The dj said "if one month you can pay £3, pay £3, the next £5, pay £5" & left it at that. When the paperwork came through there was no mention of the varying amount, just that my installment reverts back to what NHCC agreed (£1). I'm ok with this, however I am VERY concerned that my creditor will take me back to court & want my installments redetermined to a higher level. My debt is £10k & again, they already have been granted the charging order so I'm worried. Can they do this? How likely is this on this amount of debt? Any help is appreciated.
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