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jimbo45

Restons again and Final CO

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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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