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HFC /restons Marbles Credit Card CCJ - Now going for CO - settled after threat of set aside


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Hi all

This whole process of Charging Orders and the possibility that you can actually LOSE a 250K house because of a relatively small amount of debt(3,000) on a CREDIT CARD which is supposed to be an UNSECURED debt is getting too much.

In the recent recession was unemployed and had the normal CCJ and CO as I couldn't keep up payments on a Marbles / HFC credit card.

 

Now I'm actually working again I can make payments but RESTONS (Warrington) just aren't interested. It seems they just want the house "for the hell of it".

 

Even the amounts I have paid them have NEVER been acknowledged -- no receoipts or anything so it's difficult in any case to keep track of what the current state of the account is.

 

I'm sure when and if I do get a final bill there will be HORRENDOUS extra charges etc added on so how is one supposed to even know what to pay.

 

 

Is there anyway I can get the whole thing delayed for a bit so I can get the whole thing paid off.

 

My reading is that Restons are a particularly NASTY VICIOUS bunch of people to tangle with so I'm not sure how to deal with this -- If I were to offer the court a reasonable percentage of the amount would this help.

 

I'm sure that a "Huge" collection charge has been applied as well.

 

Surely the courts aren't meant to allow people to lose their homes on really small amounts of debt or allow thuggy companies like Restons to grow fat on peoples misfortunes.

 

Surely in future Credit cards etc should carry a CLEAR warning that NO DEBT IS UNSECURED.

 

Thanks all

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there are several threads on this situation and how to deal with it.

 

just type in restons in the search of the blue bar above.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the links

 

Even in the abysmal standard of DCA's and debt management procedures generally RESTONS do seem to be the lowest of low lifes -- and I suspect they really get a thrill out of harassing people.

 

I'm quite surprised somebody hasn't taken these **** apart on a Street Corner yet -- of course its illegal but so are a lot of their own practices.

 

However we'll have a go at them by LEGAL means.

 

Another irritant -- I sent them 6 post dated cheques paying a reasonable amount of money per month with a letter saying position to be reviewed at the end of June.

 

Of course NO recepts etc were given and at beginning of July got a threatening letter saying You've missed an instalment and unless payment is received etc etc they will go to court for the whole outstanding amount without warning -- and they added 15 GBP VAT charge to the account --what account as I never got any details etc etc.

 

It was quite clear on my original letter that I said position to be reviewed at the end of June -- carry on / pay more or less etc.

 

Even if you try and be up front and pay these **** you don't get ANYTHING back but Grief and Hassle.

 

Can I take the unusual step of either getting another DCA to take the debt of Restons hands or make a deal with the original Lender (HFC Bank).

 

Dealing with RESTONS is just too much of a pain anymore --just as I am going back to work again and will be in a position in a few months to clear everything this type of B/S comes back again.

 

Cheers

J

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Hi Jimbo45

subbing to your thread and you have my every sympathey.in my case i am going into battle with them to the end!You will find lot of thread about Restons on this forum though they have had quite a few defeats when they have taken people to court:)They and MBNA have issued a court claim against me and i am at Aq stage with them now!so i wish you luck in your dealing with them.

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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Hi all

I'm still not clear on the Legal status.

 

1) OK I borrowed money on a Credit Card -- and am NOT trying to find tiny Backdoor methods not to pay even though this whole system of CO's seems to be totally morally bankrupt when you can theoretically get your House taken away on an UNSECURED smallish loan worth considerably less than even a cheap second hand Car. -- Surely this fact SHOULD be mentioned on the CCA or what's the point of paying huge rates of interest for Unsecured loans when they can all be made secured in any case. -- Most people I've spoken to are totally amazed that not only does this seem Legal it actually is occurring more and more now as Banks seem to be ever more desparate to look for new revenue streams --even though as taxpayers don't we actually OWN some of these institutions now.

 

2) Can Humungous charges (Restons typically levy around 10% of the original Loan) actually be added to the CO.

 

3) Can Interest charges be added as well. I always thought that once a CO was in place for Credit regulated by the various CCA acts that Interest could NOT be added to the original amount the first CCJ dermanded.

 

4) I missed various means of challenging the Interim CO -- Can the Final CO be challenged before Restons decide to go for a Forced Sale -- I don't mind paying back a legitimate debt but what do they actually DO for around 1500 GBP "Collection Charge". Is it too late to contest this.

 

5) Can I at this stage make a decent offer to repay in instalments.

 

6) I can't seem to get ANY info as to what I currently owe, what I have paid back and what the charges are but Restons are still trying for a Forced Sale.

 

7) I've been paying them 200 GBP a month for the last 6 months with a letter saying to be reviewed at the end of June. (That was because at the start of the year I was out of work).

 

In the middle of June I was working again. I (wrongly) assumed that Restons Extortioners would send me a statement of account at the end of June with either a remark was this arrangement acceptable or could we make a new one due to changed (and actually improved) circumstances.

 

Instead all I got was a really DISGUSTINGLY threateining letter say Unless we receive your July payment by XXXX we will go to court for the WHOLE outstanding amount with no further warnings.

 

To cap it all they added around 15 GBP for "VAT" for missed instalment of an account I haven't got any idea about.

 

I suppose in the scheme of things a charge of 15 GBP from Restons is small beer but it just shows what sort of **** we are dealing with here.

 

No receipts or balance of account has been sent to me so for the last 6 months I could have been paying money down a black hole.

 

 

I think because I've been a pain in their collective a--es and made zillions of complaints to bodies such as BBC, Mail on Sunday, Law Soceity itself they just want to "get their own" back.

 

I'm NOT trying to NOT PAY what I owe -- I had the Credit card. However how on Earth do these pêople get away with this stuff and put 1000's of peoples lives at total misery

 

I might even have the money before judgement -- or at least a good % of. Can I send them 9372.20 GBP by courier bagged up in 2p pieces. Is this legal tender -- as I'd love to see them counting this all over a weekend and then finding they were 10p short.

 

I should have got more involved at the initial stages - but then I was out of work.

 

I now have a decent job in Brussels for the moment which adds to the problem of Restons as they send papers to my home address but I don't go home every week --only once a month to save money. Of course they don't use Recorded delivery so by the time I get home they've done all their court things.

 

Cheers

-J

Edited by jimbo45
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I'll trry to answer your questions one by one.

 

Hi all

I'm still not clear on the Legal status.

 

1) OK I borrowed money on a Credit Card -- and am NOT trying to find tiny Backdoor methods not to pay even though this whole system of CO's seems to be totally morally bankrupt when you can theoretically get your House taken away on an UNSECURED smallish loan worth considerably less than even a cheap second hand Car. -- Surely this fact SHOULD be mentioned on the CCA or what's the point of paying huge rates of interest for Unsecured loans when they can all be made secured in any case. -- Most people I've spoken to are totally amazed that not only does this seem Legal it actually is occurring more and more now as Banks seem to be ever more desparate to look for new revenue streams --even though as taxpayers don't we actually OWN some of these institutions now.

 

Unfortunately this a method creditors use and it is one very good reason why you should oppose creditors on a legal basis

 

2) Can Humungous charges (Restons typically levy around 10% of the original Loan) actually be added to the CO.

 

Again, the charges should have been opposed at the CCJ stage.

However, some agreements do contain a clause that charges and interest may be added.

 

3) Can Interest charges be added as well. I always thought that once a CO was in place for Credit regulated by the various CCA acts that Interest could NOT be added to the original amount the first CCJ dermanded.

 

See above

 

4) I missed various means of challenging the Interim CO -- Can the Final CO be challenged before Restons decide to go for a Forced Sale -- I don't mind paying back a legitimate debt but what do they actually DO for around 1500 GBP "Collection Charge". Is it too late to contest this.

 

You can apply for a set aside of the CCJ. Have a read of this thread-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167654-help-ccj-charge-home.html

 

and this one

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

 

5) Can I at this stage make a decent offer to repay in instalments.

 

You could try but Restons are not normally known for their kindness and will pursue the Charging Order route

 

6) I can't seem to get ANY info as to what I currently owe, what I have paid back and what the charges are but Restons are still trying for a Forced Sale.

 

Write to Restons and ask them for statement of the debt. If they refuse, report them to the Information Commissioners Office.

 

 

7) I've been paying them 200 GBP a month for the last 6 months with a letter saying to be reviewed at the end of June. (That was because at the start of the year I was out of work).

 

In the middle of June I was working again. I (wrongly) assumed that Restons Extortioners would send me a statement of account at the end of June with either a remark was this arrangement acceptable or could we make a new one due to changed (and actually improved) circumstances.

 

Instead all I got was a really DISGUSTINGLY threateining letter say Unless we receive your July payment by XXXX we will go to court for the WHOLE outstanding amount with no further warnings.

 

To cap it all they added around 15 GBP for "VAT" for missed instalment of an account I haven't got any idea about.

 

I suppose in the scheme of things a charge of 15 GBP from Restons is small beer but it just shows what sort of **** we are dealing with here.

 

No receipts or balance of account has been sent to me so for the last 6 months I could have been paying money down a black hole.

 

I think because I've been a pain in their collective a--es and made zillions of complaints to bodies such as BBC, Mail on Sunday, Law Soceity itself they just want to "get their own" back.

 

I'm NOT trying to NOT PAY what I owe -- I had the Credit card. However how on Earth do these pêople get away with this stuff and put 1000's of peoples lives at total misery

 

I might even have the money before judgement -- or at least a good % of. Can I send them 9372.20 GBP by courier bagged up in 2p pieces. Is this legal tender -- as I'd love to see them counting this all over a weekend and then finding they were 10p short.

 

I should have got more involved at the initial stages - but then I was out of work.

 

I now have a decent job in Brussels for the moment which adds to the problem of Restons as they send papers to my home address but I don't go home every week --only once a month to save money. Of course they don't use Recorded delivery so by the time I get home they've done all their court things.

 

Cheers

-J

 

I've commented where I can.

 

You really must oppose at the final charging order hearing vehemently.

 

Have a look at the links below on Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

 

National Debtline

 

and this gem of a post ( Courtesy of FunkyFox ) -

 

FunkyFox post

Edited by supasnooper
added more links

 

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  • 4 weeks later...

Hi all

Unfortunately there is a final charging order on a property - was overseas at the time so too late to do anything about it.

 

I've been paying Restons a monthly amount for around 8 months ago -- was 200 GBP a month and now considerably more as I'm now working again. In fact the last payment was 1,000 GBP -- I'm finally working and want to get these wretched vermin and purveyors of Human Misery out of my skin as quick as humanly possible.

 

The dept was an old marbles account for around 10,000 GBP - which should now be around 8,000GBP - but can't verify it since I CAN'T get any statement of account, outstanding balance, breakdown of charges etc.

 

I KNOW the money has been paid as I have Bank statements.

 

I'm afraid to stop paying as these vermin once they've got the final CO will go to court at the drop of a hat to force a sale of your house even if you owe as little as 100 GBP.

 

However if I DO threaten to stop paying on the grounds that no receipts or balances have been received and it goes to court do I have any legs to stand on -- I'm not trying to avoid paying -- I just want the balance and current statement of account after each payment. To date I've had NONE.

 

The trouble is with a final CO you are on very weak ground.

 

Incidentally whilst they are a miserable bunch the worst of the lot is the Chief Litigator - can't remember the wretch's name but if I ever see him crossing the road my car will have a sudden case of "Brake failure" (it's legal too).

 

Mr COE the company director is probably the best person to deal with but these bunch of ba***rds are probably the worst vermin I've ever had to deal with in my entire life and I've been to some dodgy places in the past such as the Oil rigs in Port Harcourt in Nigeria, places in Libya etc etc.

 

Thanks all.

 

jimbo

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If you never receive the origianal court aperwork then that could be a reason to apply for a set aside of the CCJ and thus the Charging Order would also be set aside.

 

Have a look at these links -

 

Setting aside the original CCJ of your CCA

CCJ removal inc. step by step guide

 

Write again to Restons asking for a statement of account giving them 7 days to reply.

 

If they fail to reply, then report them to Financial Services Authority and to the Financial Ombudsman Services

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi there

The court stuff is all there including the Interim and final CO's.

 

-- I was overseas at the time so I couldn't contest anything.

 

I never got the CCA and SAR of course -- but I assume that its far too late for that.

 

I'm actually not trying to wriggle out of a debt - but I need to know exactly what's left and what charges are being applied -- as one can contest "unreasonable charges" at any time.

 

Cheers all.

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hi jimbo

please read supasnoopa's link to ccj step by step removal, in there is a list of valid reasons (especially last paragraph) to have this set aside. its not about trying to wriggle out of your debt, its just about a fair fight, i think.

:)

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Ok, Others have advised about getting it set aside so I'll leave that... as to getting a balance of account off of them..

 

Dear Sirs,

 

Account ref: XXXXXXXXXXXXXX

 

I formally request a statement of account from yourselves which is required to show the current as of today outstanding balance and the payments made against that balance so far.

 

I understand that if you decline to send me said statement you will be in breach of the OFT debt collection guidelines, specifically section 2.2(e) which states :-

 

2.2 Examples of unfair practices are as follows:

e. failing to provide debtors or creditors with information on status

of debts, for example, not providing requested balance statements when

reasonably requested

 

Failure to provide me with the statement I have requested will result in a complaint to the OFT.

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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  • 2 weeks later...

Thanks guy

Even got the REDICULOUS 1600 GBP "Collection charge" reduced to 335 GBP.

 

How can people get away with TOTALLY OBSCENE amounts of "Collection charges" for almost no work whatsoever - and this is EXCLUSIVE of the court fees they also try to sting you with.

 

Demanding an "Inventorized Invoice" seems to put the fear of god into these scumbags.

 

A 1000 plus GBP "Collection charge" is totally out of order and should be made instantly illegal -- even on 100,000 GBP of debt that's 10% of the total which in todays interest rates is absolutely not consistent with the "real cost" of collection.

 

The debt I was being hassled for is around 8,000 GBP.

 

THe whole process of DCA and debt collection needs a MAJOR OVERHAUL - but I don't suppose "Gordon Clown" who was meant to be the most "successful" and "intelligent" chancellor ever (what a stupid joke that was) has any idea of how this stuff actually operates.

 

It's no coincidence that EVERYONE who works in this industry are really low lifes.

 

I now publish the names of the people who are hassling me plus their Car numbers and addresses on the Internet now.

 

If their cars are disabled with "sugar in the petrol tanks" or other sanctions -- then not my problem.

 

These guys also "tittle tattle" to Experian, Equifax etc. So I 'm doing what is LEGAL -- give their details out over the public Internet. They give out MY details so I'm just doing the same - giving out THEIR details.

 

Cheers

jimbo

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It is against the Office of Fair Trading guidelines on debt collection to charge a collection fee for a debt....so ask Restons to remove the rest of it.

 

If they won't, report them to the Office of Fair Trading !

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...

Hi guys

just testing the water - but what exactly is an "Unsecued Loan" these days - it seems that if you actually own any property they can make "Charging Orders" against it which effectively turns an "Unsecured Loan" for which one presumably is paying a high rate of interest such as on Credit Cards etc.

 

Now when I actually read the original Conditions etc attached to the credit card ( I believe called the CCA) there is absolutely NO MENTION of the fact that they could actually try and sell your house via these "Charging Orders".

 

Is there anything we can do about this state of affairs - apart from ejecting "Mr G. Clown" from a nice desirable residence in central London.

 

At the very least shouldn't the CCA show that "Unsecured Loans" can be turned into "Secured one's" and maybe one can do a little bit of haggling before signing any Credit Card agreement etc etc.

 

The whole "Charging Order" process IMO is 100% immoral as the interest charged on these loans is usually around 6 - 10 X that of a "Secured Loan" and if there isn't any difference in the long run surely these should be OUTLAWED forthwith.

 

There's so many ****** lawyers - Hey Reston's I hope you and your chief "extortioner" / litigator are reading this - who are forcing sales of people's houses on credit card defaults of as little as 2,000 GBP .

 

This doesn't say much for the banking industry which has just been bailed out of TRILLONS of GBP's by "Gordon Clown".

 

" Hey Hey we're Restons ---- OK

How many Pensioners can we screw up today".

 

 

 

Cheers

jimbo

Edited by jimbo45
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  • 2 months later...

Hi all

I got into credit card debt with Marbles (HFC Bank) -- original amount around 10,000 GBP.

 

I couldn't pay due to various periods of not working -- Free lance contractor and the market has been very poor -- also not entitled to any benefits.

 

Result - Restons (probably the nastiest sharks in the business) got an interim and a final charging order.

 

I through a period of a few months employment have got the debt down to 7,000 GBP but in January I've got no more money to pay for a while.

 

The Fee Restons have charged is also humungous - around 1500 GBP.

 

Is there ANYTHING I can do to stop them forcing a sale of my house - I could probably get the debt down to 5,000 GBP --- but have we now got so bad in the UK that your house can be seized for a CREDIT CARD debt of 5,000 GBP - especially on the original agreement NOWHERE does it say that a Credit card can be turned into a "Secured" Loan -- any "Mis-selling" get out possibilities here as this condition was NOT on the agreement I signed and if it had been I most certainly would NOT have taken out the Credit Card agreement.

 

Is there anything I could do also perhaps to get a strikeout against the totally exhorbitant fee Restons have charged.

 

I'm not trying to avoid paying -- I will when I can but at the moment I don't have the money --if you are self employed contracts come and go at unpredictable periods.

 

I think also ALL CREDIT CARDS should come with the RED WARNING -- If you own property a charging order can be secured on it so the "Unsecured" debt is a 100% LIE.

 

Whilst this is not a Mortgage problem it is still a repossession type problem -- so I'm looking for any suggestions from experienced caggers from this really EXCELLENT Forum which was mentioned in The Guardian recently (with horror by DCA's etc). :D:D

 

Cheers

and Thanks (hoping to avoid New Year on the Street).

 

jimbo

Edited by jimbo45
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Hi jimbo45

 

I am in the same position and have 3 charging orders, fortunately I am protected at the moment by insufficient equity, and the charging orders being in my name on a jointly owned property.

 

Is there a payment plan in place? If not have you suggested one? If they dont agree you can apply to the court for a variation on the original order.

 

Did you submit a defence to the original claim? Research the options for challenging the original claim, and having it set possibly aside or challenged. I'm not sure of the process where the debt has been secured by a charging order, but it does seem logical that if the original judgement was at fault them the charging order is null.

 

I think they may be a section relating to charging orders somewhere on the board.

 

Let us know how you get on.

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Hi all

Is there anything like a Chapter 11 provision in the UK. This at least would stop Interest and other excessive "Fees" etc being added to debts.

 

In this way a lot of people I'm sure COULD pay off some of the debt.

Adding crazy extortionate fees etc just makes paying back a debt which you are already struggling with just IMPOSSIBLE and no wonder people are rightfully looking for every legal avenue to stop this.

 

Reading these Forums a lot it's often the "Excessive Fees" (Restons / HFC for example are not above charging OVER £1,000 for a £6,000 debt plus "Usurious rates of interest) that push people over the edge into not being able to pay.

 

Maybe there's too much vested interest in the whole disgraceful DCA and "Selling of Debts" to allow some type of sensible legislation for people who for one reason or other have got themselves into trouble.

 

Logic I Know isn't a normal part of the Law but even so wouldn't a Bank be better off getting say 50% of a debt back rather than selling it on for peanuts to DCA's and SCUMBAGS like Restons who then cause untold misery and distress - often illegally - to hundreds of thousands of people.

 

As Human Beings we aren't perfect and some do get into trouble -- not necessarily through any fault of their own -- the company they work for gets sold say and the new owner at a stroke off-shores jobs to India etc etc and then they are suddenly on the Dole at 62 GBP a week or so.

 

The whole process of Debt management legislation needs to be handled much more humanely -- with people who are in difficulties being able to get sympathetic assistance with proper legal systems in place for the "WON'T pay category.

 

"Backdoor tactics" like getting Charging orders for trivial small amounts of debt - especially where this type of action is NEVER SHOWN on any credit agreement in the first place should also be outlawed -- either a Debt is SECURED and should be stated at the outset or it ISN'T - that's why the interest is many times higher as presumably the lender is assesing the risk of whether they will get their money back -- they shouldn't be able to have it BOTH ways.

 

If Credit card debt can eventually be used to force re-possession of a house then surely THIS SHOULD BE SHOWN ON THE CCA. - Please Lawyers get this provison through to stop a lot of people suddenly finding that their home is now at risk on small amounts of debt (less than 1,000 I've even seen in one case).

 

I think that in the rest of the EU this is actually shown on a CCA where applicable -- probably another reason why interest rates on credit cards etc are SIGNIFICANTLY lower than in the UK.

 

 

For all the "Capitalist" jibes thrown at the US the legal processes seem much clearer than ours -- some of the antics of the DCA's in the UK make the "Old Time Feudal Tax collectors" seem quite benign by comparison.

 

Cheers

jimbo

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As far as I am aware chapter 11 is a business debt solution in the states. The England and Wales equivalent would be an administration order under the Insolvency act.

 

To get either of these you have to prove to a court that there is a resonable expectation that the business will return to profit and pay off the creditors else a winding up type order will be given.

 

I would say that a forced sale order against an unsecured debt is still pretty rare really. As long as you are willing to pay then a court will usually give you some lattitude

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Hi all

Can someone please help here concerning Restons (Solicitors -- although Extortioners might be more appropriate) and their relationship with HFC / Marbles Credit Card.

 

Are Restons actually collecting debts on behalf of HFC or have they "purchased" the debt from HFC and although they call themselves Solicitors are also acting as a DCA (like "Judge Jury and Executioner" combined).

 

It's very difficult to get ANYTHING at all from these people except the normal threatograms usually containing the following text embedded within terse letters "Unless ....7days---- Court --No Further warning").

 

Thanks all

 

jimbo

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they are solicitors who work for HFC, I do not believe they purchase debts, when they fail the debt will probably go to First credit or Capquest.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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  • 3 weeks later...

Hello...Sorry for the delay in getting back to you. Been madly busy in recent weeks.

 

OK...gonna take this one step at a time. Firstly, the reason that lenders can apply for a charging order is because they have secured a judgment against you. Once judgment is obtained, there are various ways of enforcing the debt, one of which being a charging order. Following this a lender can apply for an Order for Sale, BUT they need to issue fresh Part 8 proceedings, against anyone with an interest in the property and the Court would consider the case once again. If there are other parties, and there are children residing at the property, then it is very very difficult to obtain such an Order, and even if they did it would no doubt be suspended upon you making payment of £x per month.

 

In terms of challenging the original judgment I would respectfully suggest that you are out of time to apply for a set aside. Any such application has to be made within a "reasonable" period of time, which tends to be 4-6 weeks from you becoming aware of the judgment. It is a shame that you didn't challenge this, as I believe HFC/Restons generally will waive the "Litigation Charge" if it is challenged!

 

Onto the practicalities - to be frank most lenders (there are a few exceptions such as Amex) really just want to secure the debt, i.e. they know they will get their money one way or the other. Of course, you can apply to the Court for a variation to allow for payment by instalments, i.e. the Order could read something along the lines of "1. The Final Charging Order dated...........continues unmodified. 2. No further enforcement to be commenced without permission of the Court so long as the Defendant does pay £x per month."

 

Hope that helps.

 

MM

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Hi all

 

Is it too late to try and get a set aside of either the original CCJ or a subsequent Charging order.

 

The CCJ was originally done when I was working abroad so had no time to defend it or whatever. Restons Solicitors (amazing how often that name crops up) just did the "Auto Court Northampton thingy" -- no registered / recorded delivery so of course I didn't get the court notification.

 

 

The amount on the charging order seems to include a whopping 1600 GBP extra as "Collection Fees".

 

Is there anything I can do at this stage apart from just paying up.

 

I've made some regular payments on account I obviously don't want to lose a house -- but can they add "Collection Fees" on to a Debt on a Credit Card that they are trying to collect.

 

Incidentally the Credit Limit was raised by Marbles without any request from me and payment insurance premium's were charged.

 

Can I do anything at this late stage -- even if only to have the "Collection Fee" waived.

 

I've also requested a statement of account from Restons -- never got one but after much hassle at least have got them to send receipts of payments.

 

I believe the first instance is to send out a CCA request - do I do it under the 1974 legislation or under the "Civil" procedure as I think there is some new law that doesn't require the CCA to be a signed copy any more.

 

Cheers

 

jimbo

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If you have proof that you were not at the residence when the CCJ was issued then the court will set it aside.... - Removal of CCJ's - Step by step guide to the process

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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  • dx100uk changed the title to HFC /restons Marbles Credit Card CCJ - Now going for CO - settled after threat of set aside
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