Fighting A Charging Order MBNA/RESTONS after Redetermination

[Northstar68]

Hi Everyone,

 

I think I need to get my objections to the final charging order completed and sent tomorrow as we now have 1 week left before the final charging order hearing which shouldnt be happening as we have been granted the set aside hearing in August.........but my gut instinct is telling me to get something down on paper and send it just in case as we still havent heard of it being 'stayed'.

 

So, as the objector (remember the debt is my husband's) and the co owner of the house, is it ok to just write simply stating my reasons for the final charging order or are there any bits of law that I would need to quote? I'm going to go through my thread again and see what I can pick up from there but if there are any other pointers please that I can add then I would be most grateful, I have pretty much reached saturation point now

Huge thanks

[Northstar68]

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[Mydogsawestie]

Heres some stuff below cut & pasted from threads to use as you see fit...hope it gives some format for you to pad out/delete accordingley as all may not be relevant in your case. Hopefully others may contribute there thoughts for you too. Heres hoping you get the CO adjourned on the 24th. Good luck MDAW x

 

 

FOR THE ATTENTION OF THE COURT MANAGER

 

CLAIMANT vs YOURNAME

In the NAME County Court

Case No XXXXX

 

 

Court Address,

 

Date,

 

Your Address

 

 

Dear Sir Or Madam,

 

Please find attached a copy of my response to the application for a charging order. I have served a copy upon the claimant.

 

Yours sincerely,

 

XXX.

 

 

Response to application for a Charging Order

 

In X County Court CREDITOR (Applicant)

Between and YOUR NAME(Respondant)

 

 

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.

 

BACKGROUND AND OBJECTIONS TO APPLICATION

1. I request that proceedings on the CO hearing should be stayed subject to the outcome of the set aside hearing on the xxxx

 

2. When I ran into severe financial difficulties I sought help from the National Debt line. I was advised to correspond with the Consumer Credit Counselling Service, (which I did) and a Debt Management Plan (DMP) was set up with all my creditors in XXX 2009. I have kept up all payments to date. Within the DMP I was paying MBNA £XXX per month.

After MBNA obtained a county court Judgement regarding my debt I was ordered to pay instalments of £20.00 per month which I have kept up to via Standing Order from my Bank Account.

 

According to a case called Mercantile Credit Co Ltd v Ellis in 1987, a charging order should only be made if the payments on a judgment are in arrears. Payments are being made according to the payment arrangement made between the parties to the debt.

 

3. MBNA are also aware that my Debt Management Plan, administered by the Consumer Credit Counselling Service has a number of Creditors;

Creditor

Name

 

Payment

 

This Month

Payments

To Date

Current

Balance

 

A charging order in favour of one creditor would give MBNA unfair priority over other my unsecured creditors.

As you can see I already have a payment arrangement in place with all my other creditors via the Consumer Credit Counselling Service. This would be upset by an order being made.

Furthermore I would like to draw your attention to the fact that all of the debts are larger??? than MBNA debt and all other creditors have frozen the interest amounts.

4. We have two young children, one aged and a second who is old. My family would suffer severe hardship if a charging order was to lead to the sale of our home. More so when the debt that MBNA are requesting a Charging Order for is in my name but I our home is owned jointly so it is not even my partner's debt.

 

Yours faithfully,

[KraigO]

Hi, this is my first post so Hi everyone.

My father died in December at the age of 76 years of age. when my dad was about 73 years old Restons took him to Northampton County Court. I think he took out a variation order to get the court changed to a more local court, Watford, I think. Unfortunately, the day of the hearing it snowed and we couldn`t get there. Restons were granted a charging order in January 2007 under "the slip rule CPR 40.12" against my dad even though he was in a repayment plan with Payplan. They stated at court that he still had a mortgage which he didn`t. They were very underhand, in my opinion. My dad worked 3 days a week till his death of a heart attack - he couldn`t fight anymore. I would urge anyone to be very quick and fight to appeal against a charging order as quickly as possible.

My mother, now 76 years old herself, who knew nothing of this debt (it was in my dad`s name and he handled the finances in their marriage) now has to deal with the charging order on her property. The claimant was HFC bank, a "lovely" group of bankers and she now faces having to pay nearly £14,000 if she wants to sell her property and downsize. My father also left her with joint debts of about £40,000 (she knew nothing of these either). I think she may be able to come to some arrangement with her other creditors as she is in a repayment scheme. I don`t know whether HFC will drop the charging order. I have checked with the land registry and it`s still there. any advice on the charging order would be much appreciated.

[AndyOrch]

Need tro start your own thread Kraig Welcome to Cag.

 

Regards

 

Andy

[Northstar68]

Sorry to hear you are going through similar Kraig, best start your own thread as Andy suggested then you can get all the advice you need. Good luck with it.

 

 

Ok, little update from us.....with only a handful of days to go until the final charging order hearing.......which shouldnt happen because we have the set aside granted for 3 months time........but we will still go because we havent heard from the court yet about it being stayed......I came home now to find a message on the answer machine from RESTONS!!!!!!! Please can you call us back.........errrrrr NO!!!! My husband specifically requested they dont phone many months ago and they put everything in writing.......

should we just ignore it?

Any advice? What could they possibly want?!!!!

 

Many thanks

 

p.s. the post just arrived, letter from the court , just one line to say that our letter has been referred to the district judge who has stated - REMAINS LISTED

 

Please what does this mean?

Edited May 20, 2010 by Northstar68

[Northstar68]

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[KraigO]

Northstar, have started my own thread. Just a quickie to say best of luck and I know what you`re going through, believe me. I feel extremely sorry for you and your young family - How do Restons sleep at night ? good luck anyway - I know you`ll be ok in the end. God bless. I`m thinking of you.

[Northstar68]

aww thx Kraig

 

anyway, this is what I got today from our friends at Restons!

 

 

Anyway, Restons have now written to say that 'IN LIGHT OF YOUR RECENT APPLICATION (SET ASIDE OBVIOUSLY) WE BELIEVE IT IS IN THE INTEREST OF BOTH PARTIES TO HAVE THE HEARING VACATED. THE COURT WOULD NOW BE IN A POSITION TO DEAL WITH THE FINAL CHARGING ORDER AND WILL MOST LIKELY ADJOURN THE MATTER. ATTENDANCE BY BOTH PARTIES WILL NOT ONLY BE A WASTE OF TIME BUT WILL RESULT IN UNNECESSARY COSTS BEING INCURRED.

IN THESE CRICUMSTANCES, THE BEST APPROACH WOULD BE TO REQUEST THAT THE ABOVE HEARING BE RELISTED FOR A DATE AFTER THE xxxx DATE. IN ORDER FOR THE COURT TO VACATE THE HEARING CONSENT FROM BOTH PARTIES IS REQUIRED. THEREFORE, IF YOU ARE IN AGREEMENT PLEASE CAN YOU SEND WRITTEN CONFIRMATION TO EITHER THE COURT OR US AS A MATTER OF URGENCY.

There's not time now.......plus what does REMAINS LISTED mean (previous post)

Huge thanks

[Northstar68]

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[lilly white]

aww thx Kraig

 

anyway, this is what I got today from our friends at Restons!

 

 

Anyway, Restons have now written to say that 'IN LIGHT OF YOUR RECENT APPLICATION (SET ASIDE OBVIOUSLY) WE BELIEVE IT IS IN THE INTEREST OF BOTH PARTIES TO HAVE THE HEARING VACATED. THE COURT WOULD NOW BE IN A POSITION TO DEAL WITH THE FINAL CHARGING ORDER AND WILL MOST LIKELY ADJOURN THE MATTER. ATTENDANCE BY BOTH PARTIES WILL NOT ONLY BE A WASTE OF TIME BUT WILL RESULT IN UNNECESSARY COSTS BEING INCURRED.

IN THESE CRICUMSTANCES, THE BEST APPROACH WOULD BE TO REQUEST THAT THE ABOVE HEARING BE RELISTED FOR A DATE AFTER THE xxxx DATE. IN ORDER FOR THE COURT TO VACATE THE HEARING CONSENT FROM BOTH PARTIES IS REQUIRED. THEREFORE, IF YOU ARE IN AGREEMENT PLEASE CAN YOU SEND WRITTEN CONFIRMATION TO EITHER THE COURT OR US AS A MATTER OF URGENCY.

There's not time now.......plus what does REMAINS LISTED mean (previous post)

 

Huge thanks

 

 

 

What a poor letter, backside and elbow, who ever did this letter is a child...

 

Just go back to them and ask for clarification of their position and now you see what you are up against not a lot

 

Lilly

[Northstar68]

Hi Lilly,

 

There is no time now, the letter only came yesterday and the final charging order hearing is on Monday.......so we will go to court armed with our set aside hearing letter and this letter from Restons and the Judge will.......probably adjourn until the set aside hearing? (3 months away)

 

Still wondering what Remains Listed means please?

Many thanks.

[sillygirl1]

They seem to want to have the chance to get you again later on, that is what they mean by having the case 'remain listed'.

 

Show that letter to the judge and explain that you do NOT consent to anything in it due to costs and the fact that they are abusing the courts processes.

 

Don't forget to take a summary list of costs with you just in case, and put them to the judge should HFO start waffling on about costs.

[Mydogsawestie]

Hi Northstar68 just wondered how you got on (If you attended) yesterday? Hope it went OK for you.....was thinking about you...MDAW x

[Northstar68]

Hi MDAW!

 

Awww thank you so much. I was totally drained by the end of it and havent been well since but here I am with the news..........

 

MBNA didnt show up to this hearing either!! The Judge saw the letter about the Set Aside and simply said it makes sense not to do anything until the set aside hearing but she also said that they will do the final charging order at the same time as the set aside...........???

Then we were out! It took about 2 minutes, we waited 2 hours 45 to get in there!!

 

So that's it really. The court already have our reasons for the set aside but I need to know now what else I need to go armed with in August.

What should I be doing now and preparing? Or have I done it already?

 

Many thanks again everyone. It's not over yet but we are a step closer. I now need to make sure we wint the set aside and get MBNA/RESTONS off our backs for good (legally)

[miss muppet]

Hi Northstar, glad you got this bit over with,reward yourself with anything that makes you happy, have a good rest over Whitsun and then you can make sure you've got everything you need for August, well done, it really is quite a scary experience.