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MBNA/Restons CCJ/ CO


phatram
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Ok, as I read it you have agreed to judgment against you.

 

1. Your to pay the costs of the claimant immediately

 

2. The total sum to be paid by £100 per month until repaid starting 10th Feb (GET a standing order setup for at least a couple of days prior to this if you can afford it)

 

3. They can apply for a charging order but can take no further action so long as you keep to the agreement.

 

Did they try for interest? was it mentioned?

 

s.

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Ok, as I read it you have agreed to judgment against you.

 

1. Your to pay the costs of the claimant immediately

 

2. The total sum to be paid by £100 per month until repaid starting 10th Feb (GET a standing order setup for at least a couple of days prior to this if you can afford it)

 

3. They can apply for a charging order but can take no further action so long as you keep to the agreement.

 

Did they try for interest? was it mentioned?

 

s.

 

Could the OP apply for an N245 redetermination for £100 pcm??

 

That way the CO would not be allowed

The CO is only allowed as the OP has failed to comply with the Order (i.e. forthwith)

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Ok, as I read it you have agreed to judgment against you.

 

1. Your to pay the costs of the claimant immediately

 

2. The total sum to be paid by £100 per month until repaid starting 10th Feb (GET a standing order setup for at least a couple of days prior to this if you can afford it)

 

3. They can apply for a charging order but can take no further action so long as you keep to the agreement.

 

Did they try for interest? was it mentioned?

 

s.

 

Interest after judgement was not mentioned.

.

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and is not payable on a regulated agreement debt

 

Really?

 

I openly confess I havent looked back through the history of the case so dont know if it applies in this instance or rather could have been applied for but post judgement interest is allowed as far as I'm aware if the terms&conditions allow it and the default notice warned of it.

 

S.

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We've now received a load of stuff from the land registry which seems to say we cant stop this charging order going ahead. Any suggestions please.

 

???

 

I'm confused... I thought you got what you wanted... the consent order gave them judgement, they can obtain a charging order to protect the money owed but they arent allowed to proceed to any further enforcement so long as you keep paying the £100 per month and pay their solicitor fees now.

 

Is this not what you expected?

 

S.

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Could the OP apply for an N245 redetermination for £100 pcm??

 

That way the CO would not be allowed

The CO is only allowed as the OP has failed to comply with the Order (i.e. forthwith)

 

You sure GH? re-read the judgment again, it clearly states the CO is allowed to be applied for despite agreement of £100 PCM.

 

or are my eyes decieving me (or my brain confusing me :-))

 

S.

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the order says that in return for accepting your payments you agree to the charge being registered but they agree that if you keep up the repayments they cannot apply for an order for sale

 

IMO the order also means that cannot even apply at any time for an order to redetermination of payments- since they agree in the order not to take ANY further action

 

i would advise two steps

 

1/ if the due date for payments is close to your pay going into your bank- make an extra payment up front and /or ask for the repayment date to be moved to at least two week safter your pay normally goes into the bank

 

2/ set up a standing order (not a direct debit) for the payments and again make sure that this is dated for 7 days before the date it is actually due

 

this is to ensure - that due to any possible banking problems or crisis- bank holidays etc- that you do not miss the payment deadline

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Really?

 

Really :)

 

I've blogged about it sir:

 

http://www.consumeractiongroup.co.uk/forum/entry.php?191-Post-judgment-interest-on-CCA-regulated-debts

 

I'll take a look at the rest of the trhead once I'm home as my work PC doesn't allow me to view linked images.

 

But it sounds like they've gone for a Hybrid order - which I thought were dead and buried a LONG time ago.

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the order says that in return for accepting your payments you agree to the charge being registered but they agree that if you keep up the repayments they cannot apply for an order for sale

 

IMO the order also means that cannot even apply at any time for an order to redetermination of payments- since they agree in the order not to take ANY further action

 

i would advise two steps

 

1/ if the due date for payments is close to your pay going into your bank- make an extra payment up front and /or ask for the repayment date to be moved to at least two week safter your pay normally goes into the bank

 

2/ set up a standing order (not a direct debit) for the payments and again make sure that this is dated for 7 days before the date it is actually due

 

this is to ensure - that due to any possible banking problems or crisis- bank holidays etc- that you do not miss the payment deadline

 

We don't have a bank account and will probably never have one again. We pay all bills in cash or building society cheque, will of course be sending to Restons using registered mail. We will also be paying more than we should so as to be in front with payments.

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You sure GH? re-read the judgment again, it clearly states the CO is allowed to be applied for despite agreement of £100 PCM.

 

or are my eyes decieving me (or my brain confusing me :-))

 

S.

 

Well, that's what I would do - the CO is ONLY being allowed as the original Judgement is forthwith (not £100 pcm) and hence the debtor is already in breach of that Order

 

If the original Order can be redetermined to £100 pcm until debt is cleared then, as long as those payments are made any further enforcement of the debt would not be allowed.

 

AFAIK the test is of the debt being repaid in 'a reasonable time'

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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  • 3 weeks later...
They already have an interim order, how? I wasn't notified of any application or hearing about this.

 

An interim order doesnt require a hearing.. it just needs an application from a creditor and the courts just need to be provided evidence you own or have a part ownership in the property (land registry will show this).

 

Its the permanent charging order that comes with a hearing.

 

S.

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Restons have been granted an interim charging order and I'm a little confused as to what I should do to fight this.

 

 

I've had judgement against after a dispute with MBNA,

a condition of the judgement was that they could apply for a CO.

 

 

The property is mortgaged and is on a joint mortgage with Mrs P. The debt is entirely mine.

 

We are foster carers and this order if granted could jeopardise our job.

 

 

I don't believe the order should be granted but need as much ammo and advice as possible please.

 

 

We can't afford legal fees amd if Restons win this and claimed loads of costs again we may as well pack up as we would never be out of their debt.

Edited by phatram
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Last paragraph on continuation sheet 1 and the bit about PPI. This has not been refunded and so does this make the court order wrong as the amount they've sued me for is incorrect?

 

I take it you are referring to the trial? if so Judgement has been obtained, the time to point out any errors was at the trial or before.

 

S.

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