MBNA/Restons CCJ/ CO

[phatram]

http://www.facebook.com/pages/I-HATE-MBNA/440072135071?v=wall

[phatram]

So now I'm going to be used by Restons to fund their nasty business by way of court costs again and again. What is there I can do ?

[Surfer01]

Not every one is a Facebook member!

[phatram]

And not everyone is a cag member but publicising the evil ways of these scumbags should be promoted.

[Cadbury1879]

And not everyone is a cag member but publicising the evil ways of these scumbags should be promoted.

 

I agree, me thinks scumbags is to nice a word for them.

Warn everyone off this despicable company, this is the way to go.

[phatram]

http://twitter.com/richardbranson

 

I keep asking him when he's going to do stop MBNA ripping people off in his name, I've yet to get a reply !

[phatram]

If the amount they say I owe is incorrect and I can prove it, is the judgement reversable?

[the_shadow]

If the amount they say I owe is incorrect and I can prove it, is the judgement reversable?

 

You would have to appeal the judgement I believe and in that instance you would need some legal reason to appeal and you'd need the permission of the court to apply if out of time. If the judge had all the information in front of him/her and you didnt show the amounts were different I dont think that constitutes an appealable reason.

 

Have a look at the CPR for appeals and see if you can meet one of the criteria....

 

 

S.

[pt2537]

CPR 52 for appeals

 

you would need leave to appeal no matter what out of or in time, so you would need to file your appellants notice asap

[the_shadow]

CPR 52 for appeals

 

you would need leave to appeal no matter what out of or in time, so you would need to file your appellants notice asap

 

Thanks PT

 

S.

[phatram]

Thank you.

[phatram]

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part52.htm

[caro]

This link should start you off. http://www.consumeractiongroup.co.uk/forum/showthread.php?203298

[caro]

Oh, and Mrs P can object to the order.

[debbbbsy]

Hi, the charge on the property will only be for your share of the equity. The equity owned by Mrs P is protected.

 

If the courts have allowed for a CO, it is going to be difficult to stop this unless you have strong grounds to challenge the CCJ.

 

If you are unable to challenge the CO,cannot pay the debt, you could ensure that the CO is only granted on the understanding that they cannot apply for a for sale order. That way, the debt is secured, they will get there money when u choose to sell, or are in a position to offer a full & final. But they cannot under any circumstances force you to sell.

[victoria_siempre]

Hi phatram

 

No sh*t Sherlock. This is a highly pragmatic game and it's wisest to play the ball not the man or the brand.

 

x

 

v

[phatram]

Perhaps it's time for a change then?

[phatram]

Thank you.

 

Is it true that they cannot get a CO on a jointly owned/mortgaged property, only a CO restriction?

[Cadbury1879]

Hi

google "charging orders the myth"

and look at this from HMRC.

Jointly owned property

It is not possible to register a charging order as an ‘equitable charge’ on a jointly owned property unless all the owners / registered proprietors are judgment debtors. Where only one of the owners / registered proprietors is the judgment debtor, the order will be registered as a ‘restriction’.

Agreed notices or restrictions

Since the Land Registry Rules 2003 took effect in October 2003, a charging order is registered as either an ‘agreed notice’ (shown on the register as an ‘equitable charge’) or a ‘restriction’. Prior to October 2003 where only one of the owners / registered proprietors was the judgment debtor, the order was registered as a ‘caution’. A caution served much the same purpose as a restriction. Any cautions registered before October 2003 will remain on the register.

A notice or restriction does not impose an obligation to make payment when the property is sold.

 

The circus you go through makes you think that your

property is charged when it is infact not.

I have looked into this, and it appears many folks have sold there property without paying the creditor, but have simply notified them, of the sale.

[phatram]

I object strongly to Restons Solicitors insinuating that I am dishonest and that I will not pay my debt to MBNA unless they are granted a Charging Order. I would like to point out that it is not I that has deliberately set out to ensnare people into a spiral of debt , but MBNA and their associates. There is plenty of evidence of this on consumer help websites, not only in this country but also in the USA.

Does anyone think the above is a little strong for court?

[caro]

Can you prove that they have deliberately set out to ensnare people into a spiral of debt? How do you know that what is posted on websites is correct? You have said that they're saying you're dishonest, but attacking does not defend what you say they're claiming.

 

Just stick to the facts of your case, be clear and concise, and don't get emotional about it.

 

I understand where you're coming from but I honestly don't think the above will help one jot. In fact I'd be more inclined to point out that you are someone who can clearly be trusted, given the nature of the job that you do.

[phatram]

The following have just arrived from Restons. The figures quoted do not add up to the amount the judgement was for (£12,900 which included £3k costs) mbna have not taken off the amounts agreed with the FOS or paid me the agreed compensation.

 

 

 

Help please anyone.

[phatram]

Thanks, would you please look at the last post on the following thread if you get the time. Cheers

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?122431-Me-v-MBNA-ABBEY-AND-MBNA-VIRGIN&p=3308933#post3308933

 

I am giving notice that I object to the Charging order being made final and I intend to attend the hearing at the above date and court.

 

My objections are;

 

1, The mortgage on the property, xxxxxxxxxxxxxxxx, is held in the joint names of Mr xxxxxxxxxxxxxxand Mrs xxxxxxxxxxxxxxxxxxx. The debt to MBNA is in the sole name of Mr xxxxxxxxxxxxxxxx.

 

2. I am of the belief that it is not possible to register a charging order as an “equitable charge” on a jointly owned property unless all the owners/registered proprietors are judgment debtors. Where only one of the owner/registered proprietors is the judgment debtor, the order will be registered as a “restriction”. This information comes from the HMRC website.

 

3. I work part-time, earning less than £100/wk, and the mortgage payment is met by my wife Mrs xxxxxx xxxxxxxxxxin her capacity as the main foster carer.

 

4. It has been brought to my attention that the adjustments to the amount MBNA say I owe is incorrect as the adjustments they told the FOS they would make, and the compensation to be paid to myself, have not yet been paid a year after the FOS final decision.

 

5. Section 7 of the Witness Statement issued by Restons Solicitors on 26 November 2010 stated that refunds of £xxxx.xxand £xxx.xx were not in respect of PPI premiums and that the Claimant would seek a reduced sum by way of judgment. This did not occur.

 

6. I believe that interest cannot be added to the debt for the following reason taken from the National Debtline England website., If the creditor has taken the debt to the county court, they may be able to add extra interest once a charging order is made. Interest cannot be added if: the debt is for an agreement regulated by the Consumer Credit Act. This includes most ordinary credit agreements.

 

7. I am now being harassed to pay off the debt in full when the judgement says I can pay it off at £100/month. The letters from Restons asking this show figures which do not add up to the judgement figure.

 

Yours faithfully

[Ganymede]

I am giving notice that I object to the Charging order being made final and I intend to attend the hearing at the above date and court.

 

My objections are;

 

 

 

 

1, The mortgage on the property, xxxxxxxxxxxxxxxx, is held in the joint names of Mr xxxxxxxxxxxxxxand Mrs xxxxxxxxxxxxxxxxxxx. The debt to MBNA is in the sole name of Mr xxxxxxxxxxxxxxxx.

 

 

2. I am of the belief that it is not possible to register a charging order as an “equitable charge” on a jointly owned property unless all the owners/registered proprietors are judgment debtors. Where only one of the owner/registered proprietors is the judgment debtor, the order will be registered as a “restriction”. This information comes from the HMRC website.

 

3. I work part-time, earning less than £100/wk, and the mortgage payment is met by my wife Mrs xxxxxx xxxxxxxxxxin her capacity as the main foster carer.

 

4. It has been brought to my attention that the adjustments to the amount MBNA say I owe is incorrect as the adjustments they told the FOS they would make, and the compensation to be paid to myself, have not yet been paid a year after the FOS final decision.

 

5. Section 7 of the Witness Statement issued by Restons Solicitors on 26 November 2010 stated that refunds of £xxxx.xxand £xxx.xx were not in respect of PPI premiums and that the Claimant would seek a reduced sum by way of judgment. This did not occur.

 

6. I believe that interest cannot be added to the debt for the following reason taken from the National Debtline England website., If the creditor has taken the debt to the county court, they may be able to add extra interest once a charging order is made. Interest cannot be added if: the debt is for an agreement regulated by the Consumer Credit Act. This includes most ordinary credit agreements.

 

 

7. I am now being harassed to pay off the debt in full when the judgement says I can pay it off at £100/month. The letters from Restons asking this show figures which do not add up to the judgement figure.

 

 

Yours faithfully

 

 

 

Do you have a CCJ that has an installment order and are repayments being maintained?

 

Your second point is irrelevant imo and I would remove, it's common knowledge and doesn't need stating as the DJ will know it.

 

In point 7 I would take out the word "harassed" as it's too emotive.

[phatram]

Do you have a CCJ that has an installment order and are repayments being maintained?

 

Your second point is irrelevant imo and I would remove, it's common knowledge and doesn't need stating as the DJ will know it.

 

In point 7 I would take out the word "harassed" as it's too emotive.

 

Thanks for your reply.

The CCJ was by consent and was a "Forthwith" order. No further action to be taken if I maintain payments of £100/month except they could apply for a CO.