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MBNA Redermination Charging Order Help

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Hi All

 

Recently Restons got a CCJ without providing a valid credit agreement - they are employing their usual tactics. Having got judgement applying for a charging order.

 

I applied and had a redetermination hearing today when restons representative in court requested that the redetermination hearing be adjurned and heard at the same time as the charging order application in two months time.

 

The judge agreed and refused to confirm the instalments despite the fact that restons confirmed that once they received the charging order they would agree to my current CCCS payment schedule.

 

I believe there was no reason why the redetermination could not of agreed the monthly amount and the charging order be heard seperately in two months time rather than together.

 

Anybody got any ideas on how to proceed - I have written to the court today complaining and requested that the hearing be heard in another court in a different county - Transfer to Nottingham as I have no faith in the judges and system I have experienced - clearly unfair and biased.

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Many years ago I was called as a witness against a fraudster. He claimed that due to excessive newspaper coverage on his business dealings that he would not get a fair trial and managed to have the case transferred to another court 100 miles away. I was not needed as he plead guilty, but that’s another and very long story that I’ll not bore you with here. The important part I think is that if you can somehow illustrate how your case would be treated unfairly then I think you have grounds to have it heard elsewhere. I do not think “I don’t want to have my case before the hanging judge” quite hits the mark!

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Oh so sorry to hear that you did not do very well in judge lottery:( Is there a chance you might get a different judge next time even if in same county,I am just learning about court system myself as Restons/MBNA takeing me to court next month .i hope you get your case transferred if you feel it will help you.Though is there any guarantee that Nottingham will be any better?


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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