Fighting A Charging Order MBNA/RESTONS after Redetermination

[Mydogsawestie]

Hi Northstar68 sorry to read of your situation (I am going through an appeal myself with this duo at the moment but not quite at your stage as yet but aware of how they operate ). My appeal has to be in my next Thurs so busy beavering away at present myself.

 

I think this link might help you by Hammyhound who seems to have dealt with all sorts of situations http://www.consumeractiongroup.co.uk/forum/legal-issues/173109-urgent-help-regarding-charging.html

 

Do have a read & check it for relevance, maybe you could pm Hammyhound to see if they can offer any thoughts on your thread too.....

I hope you get it sorted & well done on your determination so far with this.

[Northstar68]

Hi thanks for writing,

I will have a look at the link you posted in a bit.

Good luck to you also!

Thanks diddydicky for hitting the red triangle for me;-)

 

 

Right, the latest from the Restons phone call.

My husband got hold of them just before 5pm.

They said that we are MISTAKEN and they DONT have to inform our other creditors that they have taken legal action. They only have to inform them when they go for the charging order which will be any time now that the forthwith ruling has been decided.

[Echodale]

This is how Restons play their game as I have been through it with them too.

 

They sent POC claiming £9.5K, I admit just £8.2K of it and on admission put an affordable payment of £40 per month. All through Northampton Bulk Centre they accept all.

 

Next get a court letter from local court about a redetermination hearing date.

 

Before the redertimination I get a forthwith judgement through the post (made by a "proper officer" no hearing) swiftly followed by a notification of an interim charging order.

 

On the day in court judge makes CO final but sets condition that reverts back to repayment amount of original judgement from Northampton and sets condition that no further action can be talen by claimant whilst repayments are being made. Judge advised me that this is better because it means long as I don't default on monthly payments they can't force bankruptcy. He also said that in his time he had done thousands of final CO's and could count on the fingers of one hand how many had gone to force sale and they were in exceptional circumstances.

 

So that's how they operate at Restons, I got advice from guys in this forum and from National debtline - everyone said that forthwith and CO should not happen if I had maintained payments in line with judgement but it did. Restons have caught on to that's how judges operate, they will always claim for more than they should knowing the defendant is more likely to admit the debt but at a lower amount, then they say they are not happy with the repayments and go for a forthwith which the courts grant as the debt is admitted, then they go for the CO.

[Mydogsawestie]

Hi again....looks like Hammyhound has put a suggested letter together on Dorabell thread here too which may assist you....hope the pointers help....sorry I cannot offer more assistance now at this time...but keen to keep an eye on how you get on

http://www.consumeractiongroup.co.uk/forum/legal-issues/194044-help-i-have-received-23.html#post2677290

[PriorityOne]

I'd be inclined to keep on making the original payments under the CCJ while you're waiting to appeal the forthwith judgement..... as this should prevent them from getting a CO.

 

I've emphasised this point in italics because this normally prevents creditors going for a CO when payments are maintained under a CCJ.... but I'm not entirely sure of the position following a forthwith judgement (under appeal).

 

It certainly wouldn't go against you though.... and may even go in your favour when appealing the judgement.

[Mydogsawestie]

Thanks Echodale for the inside info....advice like this is good to get knowledge on......

[PriorityOne]

This is how Restons play their game as I have been through it with them too.

 

They sent POC claiming £9.5K, I admit just £8.2K of it and on admission put an affordable payment of £40 per month. All through Northampton Bulk Centre they accept all.

 

Next get a court letter from local court about a redetermination hearing date.

 

Before the redertimination I get a forthwith judgement through the post (made by a "proper officer" no hearing) swiftly followed by a notification of an interim charging order.

 

On the day in court judge makes CO final but sets condition that reverts back to repayment amount of original judgement from Northampton and sets condition that no further action can be talen by claimant whilst repayments are being made.

 

Yep.... getting you to default on the original CCJ would seem to be their game plan towards a CO then...

 

Sneaky...

[Echodale]

PriorityOne's advice is absolutely right, I kept maintaining the repayments from the original judgement and did not stop them when I got the doomy forthwith and interim CO, I think this is why the judge added the "no further enforcement" condition as he could see a willingness to pay. He did not even ask to see my income and expenditure details. I think the key point though is a final CO is not as bad as it seems (unless you are planning to default!!!) and if you can get the judge to set a "no further enforcement" condition it is actually more reassuring.

[Northstar68]

Thank you so much for your posts,

I have read the links posted with great interest.

But as usual it has confused me even more.

 

My OH has kept to his monthly payments of £3 a month as set by Northampton in August 2009, always on time.

He will continue to do so while we wait for the next round.

 

The decision we have to make is if we appeal against the forthwith judgement. From what I have been told the judge should not have ruled this last friday because we have been making the payments every month.

The judge said his hands were tied because £3 a month was unrealistic.

 

So what do we do? I have listed all the points in an earlier post.

Do we have enough of a defence to appeal against the forthwith judgement or do we let it go and see if they go for an interim order and then oppose it then?

 

Reading up on others' posts is so useful I am learning lots but at the same time it is making me confused because it seems as if our case is so different because the judge ignored our monthly payments and went for forthwith.

 

I just dont know. We have about 5 days to get an appeal sorted and fill the form in that was sent to us by the court. Or do we let it go seeing as apparently they cant get the CO as I own half the house?

Im so sorry, perhaps Im just overtired now from reading so much.

 

If anyone can explain it to me I would be most grateful. Thankyou so much for your patience and understanding and help.

[Echodale]

If you appeal against the decision this is what will likely happen:

The court will set a hearing date, when you attend the hearing the final CO will be heard first. As you are joint owners you could both attend the hearing and you would both have the right to speak, my other half did not attend court with me as I felt we did not both need the stress but we met in the pub afterwards.

 

The property being in two names on the Land Registry has no influence over whether the CO is made final or not.

[Northstar68]

Thank you Echodale,

so if we dont appeal the forthwith judgement then presumably we will be called back to court anyway for the interim CO hearing? Or is that done without us?

[Echodale]

Yes interim CO is done without a hearing.

 

Only you can make the decision as to whether to challenge the forthwith judgement but in my opinion it would be fruitless and if there is a hearing you risk making the payable sum larger as costs could be awarded against you (I had £440 of costs added). As I said if there is a hearing it is likely that it becomes a final CO hearing anyway and knowing Restons the wheels are already in motion to go for a CO anyway.

 

Restons are hard and nasty to deal with, as you know.

[Northstar68]

Yes interim CO is done without a hearing.

 

Only you can make the decision as to whether to challenge the forthwith judgement but in my opinion it would be fruitless and if there is a hearing you risk making the payable sum larger as costs could be awarded against you (I had £440 of costs added). As I said if there is a hearing it is likely that it becomes a final CO hearing anyway and knowing Restons the wheels are already in motion to go for a CO anyway.

 

Restons are hard and nasty to deal with, as you know.

 

Thank you Echodale

 

Yep, it is as I suspected!

I do believe the wheels are already in motion for a CO anyway, sorry to be such a pain with the questions (just trying to get it clear in my mind) but

for the final CO hearing do we get to go then? And is this the point when I can put my objection forward?

 

Also.....is it still ok to claim back the unfair charges on this card? They have been faffing about and not giving all the details we requested so is it ok to still ask for the complete list of charges so we can hopefully reduce the balance a bit?

 

Thank you so much.

[lilly white]

Thank you Echodale

 

Yep, it is as I suspected!

I do believe the wheels are already in motion for a CO anyway, sorry to be such a pain with the questions (just trying to get it clear in my mind) but

for the final CO hearing do we get to go then? And is this the point when I can put my objection forward?

 

Also.....is it still ok to claim back the unfair charges on this card? They have been faffing about and not giving all the details we requested so is it ok to still ask for the complete list of charges so we can hopefully reduce the balance a bit?

 

Thank you so much.

 

OK I HAVE BEEN FOLLOWING.

 

IF IT WAS ME I WOULD SUE MBNA FOR THE CHARGES OR I I WOULD SEEK TO COUNTERCLAIM.

 

SO DO WE KNOW THE SUMS.

 

i WOULD ATTACK.. SO START THE BALL ROLLING GET THE SUMS TOGETHER GET ON TO MBNA TELL THEM IF YOU DO NOT GET THE CHARGES BACK WITHIN A SHORT PERIOD YOU WILL SUE THE LETTERS ARE ON THE FORUM

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

RESTONS ARE YOU WATCHING

[lilly white]

THIS IS THE BABY

 

Then you can take the lender head on and go for the declaration under S142(1) CCA 1974.

 

However we must get the cca and we need to see it if we get this game over

 

As per carey and others,

 

 

1. The preliminary issues have been framed as the following questions:
   (1) When providing a copy of an executed agreement in response to a request under s78(l) of the Consumer Credit Act 1974:
   (a) Must a creditor
   (i) provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof, or
   (ii) can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?
   (b) Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 as to form, as at the date the agreement was made in order to comply with s78?
   © Must the copy provided under s78 include the debtor's name and address as at the date when the agreement was made, and if so in what form?
   (2) If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of s78(l), or must the creditor provide a copy of the original agreement as well?
   (3) Does a creditor's breach of s78(l) of itself give rise to an unfair relationship within the meaning of section 140 A?
   (4) If there is a breach of s78(l), is that sufficient without more to make a declaration to that effect (pursuant to CPR 40.20) appropriate, in particular:
   (a) Where the creditor admits the breach but did not admit it before the issue of proceedings?
   (b) Where the creditor denies or does not admit the breach?
   (5) Does the document signed by the debtor contain the prescribed terms for the purposes of section 61 and/or section 127(3) if:
   (a) they are on a sheet which is referred to on the piece of paper that was signed by the debtor; or
   (b) where that sheet is attached to the piece of paper signed by the debtor; or
   © where that sheet is separate from but was supplied with the piece of paper signed by the debtor?
   (6) If it were not established, at trial, that there was a document signed by the debtor containing the Prescribed Terms, would that of itself entail an unfair relationship?

   THE STATUTORY PROVISIONS The nature of the agreements
   

2. It is common ground that the (typical) credit card agreements which are the subject of the preliminary issues constitute "regulated agreements" for "running account credit" falling within ss8 and 10 (1) (a) of the Act. They also constitute "credit token agreements" under sl4 by reason of the provision of the credit cards themselves.
   Executed and unexecuted agreements

   
   

3. "Executed agreement" is defined under si 89 (1) as being "a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement, or such of them as have been reduced to writing." An "unexecuted agreement" is defined as "a document embodying the terms of a prospective regulated agreement, or such of them as it is intended to reduce to writing." By si 89(4) "A document embodies a provision if the provision is set out either in the document itself or in another document referred to in it."
   Part V of the Act

   
   

4. This Part is entitled "Entry into Credit or Hire Agreements" and then a section within that, immediately before s60, is entitled "Making the agreement". This is concerned, among other things, with the duties of the creditor when the agreement is first made.
   Proper execution of the agreement

   
   

5. In particular while the parties may succeed in making an executed agreement (see above), if it fails to conform to requirements made by regulations as to form and content it will be an improperly executed agreement ("IEA").
   
6. Specifically, s61 (1) provides as follows:
   s61 (1) "A
   regulated agreement is not properly executed unless:
   (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and
   (b) the document embodies all the terms of the agreement, other than implied terms, and
   © the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible."

   
   

7. Section 189 (1) defines "prescribed" as "prescribed by regulations made by the Secretary of State". The relevant power here is contained in s60:
   s60
   (1) "The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of -
   (a) the rights and duties conferred or imposed on him by the agreement,
   (b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),
   © the protection and remedies available to him under this Act, and
   (d) any other matters which, in the opinion of the Secretary of State, it is desirable for him to know about in connection with the agreement.
   (2) Regulations under subsection (1) may in particular -
   (a) require specified information to be included in the prescribed manner in documents, and other specified material to be excluded;
   (b) contain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, and that one part of a document is not given insufficient or excessive prominence compared with another...."
   The Consumer Credit (Agreements) Regulations 1983 ("the Agreements Regulations")

   
   

8. These were made by the Secretary of State pursuant to s60.
   
9. By Regulation 2 (1) and Schedule 1, the credit card agreements with which I am concerned had to contain certain information. This included the following:
   (1) By paragraph 2 of Schedule 1,
   "The name, postal address and, where appropriate, any other address of the debtor".
   Prior to 31 December 2004 Schedule 1 paragraph 2 of the Agreements Regulations required that 'All Types' of regulated agreement provide
   "The name and a postal address of the debtor".
   The present reference to "other address" is intended to cover electronic addresses such as e-mail addresses;
   (2) By paragraph 8 of Schedule 1, the credit limit which could be expressed in different ways, including "a statement indicating the manner in which the credit limit will be determined by the creditor and that notice of it will be given by the creditor to the debtor..";
   (3) By paragraph 10 of Schedule 1, the rate of interest and the total amount of other charges included in the total charge for credit;
   (4) By paragraph 15 of Schedule 1, the APR.

   
   

10. By Regulation 2 (3) and Schedule 2, a description of the protection and remedies available to the debtor. By paragraph 3, where the agreement was cancellable, this would include the following: "Your right to cancel. Once you have signed this agreement, you will for a short time have a right to cancel it."
    
11. Then, by Regulation 6 and Schedule 6 the following terms had to be contained in a regulated agreement for running account credit if it was not to be an IEA, and were prescribed for the purposes of s61 (1) (a):
    "A term stating the credit limit or the manner in which it will be determined or that there is no credit limit" (paragraph 3 of Schedule 6);
    "A term stating the rate of any interest on the credit to be provided under the agreement" (paragraph 4 of Schedule 6);
    "A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of
    the following:
    number of repayments;
    amount of repayments;
    frequency and timing of repayments;
    dates of repayments;
    the manner in which any of the above may be determined;
    or in any other way, and any power of the creditor to vary what is payable." (paragraph 5 of Schedule 6).
    I shall refer to these as "the Prescribed Terms".

    
    

12. Accordingly, the document which is signed by the parties (and which forms all or part of the executed agreement) must itself contain the Prescribed Terms and the name and address of the debtor. Other terms may be incorporated by reference but not the Prescribed Terms.
    Copies of the agreement at the time when it is made

    
    

13. The initial duty is to provide a copy of the unexecuted agreement, as set out in s62 as follows:
    "s62
    (1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, but on the occasion when he signs it the document does not become an executed agreement, a copy of it, and of any other document referred to in it, must be there and then delivered to him.
    (2) If the unexecuted agreement is sent to the debtor or hirer for his signature, a copy of it, and of any other document referred to in it, must be sent to him at the same time.
    (3) A regulated agreement is not properly executed if the requirements of this section are not observed."

    
    

14. A further duty imposed upon the creditor by s63 is to supply copies of the executed agreement as follows:
    "s63
    (1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, and on the occasion when he signs it the document becomes an executed agreement, a copy of the executed agreement, and of any other document referred to in it, must be there and then delivered to him.
    (2) A copy of the executed agreement, and of any other document referred to in it, must be given to the debtor or hirer within the seven days following the making of the agreement unless -
    (a) subsection (1) applies, or
    (b) the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.
    (3) In the case of a cancellable agreement, a copy under subsection (2) must be sent by an appropriate method.
    (4) In the case of a credit-token agreement, a copy under subsection (2) need not be given within the seven days following the making of the agreement if it is given before or at the time when the credit-token is given to the debtor.
    (5) A regulated agreement is not properly executed if the requirements of this section are not observed."
    Enforcement of IEAs

    
    

15. The basic rule is stated by s65:
    "s65
    (1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.
    (2) A retaking of goods or land to which a regulated agreement relates is an enforcement of the agreement."

    
    

16. Then sl27(l) provides as follows where an application to enforce is made by the creditor:
    "..the court shall dismiss the application if, but only if, it considers it just to do so having regard to:
    (i) prejudice caused to any person by the contravention in question, and the degree of culpability for it; and
    (ii) the powers conferred upon it by sub-section 2 and sections 135 and 136 [power to reduce or discharge the sums owed to compensate for prejudice caused, to suspend or place conditions on enforcement or amend an agreement or security].."

    
    

17. Then, sl27(3) provides, in relation to agreements made before 6 April 2007, as follows:
    "
    The Court shall not make an enforcement order under s 65(1) if section 61(1) (a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under s60(l)) itself containing all the prescribed terms of the agreement was signed by the debtor ..(whether or not in the prescribed manner)."

    
    

[Northstar68]

Thank you both of you.

I will be going for the unfair charges. Like I said, MBNA have been faffing about for a few months now and although I asked for the full list of charges going back to 1995 they only sent me the last 3 years

 

So the SAR request went to them and they have had it now for 4 days.

Can't do an audit of the account until I get all the paperwork through so I suppose it's a long waiting game.

 

What if they try to delay even more because they are waiting to get the final CO hearing?

[Mydogsawestie]

Thank you both of you.

I will be going for the unfair charges. Like I said, MBNA have been faffing about for a few months now and although I asked for the full list of charges going back to 1995 they only sent me the last 3 years

 

So the SAR request went to them and they have had it now for 4 days.

Can't do an audit of the account until I get all the paperwork through so I suppose it's a long waiting game.

 

What if they try to delay even more because they are waiting to get the final CO hearing?

 

When I SAR'd them I only got statements from 2004 onwards yet my account went back to 2000. I had balance transferred elsewhere before 2004 & wondered if that was why they only gave me statements from 2004 onwards when I started back with them again on another offer (as I use to be a card tart back then). I just wondered if perhaps your shortage of paperwork submitted fell into that catagory? I'd thought my SAR to them should have meant they still should have sent me everything till way back when...but never did get an answer to that

 

Did you manage to PM hammyhound to pop by ....I only ask because that thread against a CO was WON & as the saying goes nothing ventured nothing gained. Its also good that your having lots of brilliant advice from other caggers helping you too & I hope you get all your questions answered soon.

[Echodale]

for the final CO hearing do we get to go then? And is this the point when I can put my objection forward?

Yes final CO will be a hearing in front of a judge. You will sit one side of a boardroom style table, a local solicitor hired by Restons will sit on the other and the judge will be at the head. You will have lodged your objections in writing pre the hearing the judge will have read them but possibly only minutes before. The opposition will have certainly read them and already have their argument and counters for your objection ready. If the judge awards for the claimant the opposition will then raise the matter of costs and they will be added to the judgement. It is very likely that the notice of hearing will be for a redetermination but if there is a CO to be heard the judge will hear that first and so therefore the redetermination will not happen. If the case gets referred to court in the future then the case will reflect that you had a forthwith judgement that was not complied with and subsequently the CO was set and the claimant kindly agreed monthly payments.

 

I have no experience on the reclaim stuff but there are plenty of people here who will help you on that.

 

I suppose you have an option to try to negotiate with Restons out of court and say you will accept a CO on the basis that the order states monthly repayment and claimant can take no further enforcement action whilst payments are maintained.

 

If they agree to that this it may save you the extra costs being added.

 

I am not suggesting or recommending the above as a course of action - personally I don't think I'd do it I would have my day in court and the £400 or so costs on top of several thousand pounds does not significantly change things.

[Northstar68]

Thankyou for explaining it so clearly Echodale.

We most definately will have our date in court for the CO hearing.

It looks like we wont be appealing the forthwith judgement as there seems no point.

 

We just got the letter from court today which says simply

' Before District Judge xxxxxx sitting at xxxx county court.

Upon hearing the Defendant in person and the Claimant not attending

IT IS ORDERED THAT

The Judgement be payable forthwith.

Dated 5 Feb 2010

 

Hopefully we can negotiate the monthly payments so we can get this paid off.

I will be ready to make my objection in court as the co owner of our home.

 

Sigh.

[Echodale]

Indeed you should prepare an argument of why you disagree, if you don't then the CO may be set without any conditions. If you look on these forums you will see lots of info about arguing against the CO. Your other half (the defendant) must tell the court in advance that you will be attending the hearing and not just in a silent capacity.

 

If you present a well prepared argument then the opposition have an opportunity to "kindly offer" that they are prepared to accept your other half's repayment amount if a CO is set. That's when you agree to it but ask the judge to set the no enforcement condition.

 

It's a stupid game I know but that's how you have to play it out, if you don't go in fighting the kind offer of instalments won't come about. On the day make sure you have 3 copies of everything in your armoury number everything so that you can reference it in the manner: "sir, you will see on page one a copy of the judgement that shows the claimant originally accepted the instalments of £xx.xx per month. Since that judgement the instalments have been made regularly without fail as the summary on page two and copy bank statements on pages three to seven demonstrate". I'm sure you get the idea but what you are trying to do is demonstrate how reasonable you are in co-operating with the claimant, the solicitor then will feel the need to appear just as co-operative and helpful in reaching a resolution. Be nice and polite and above all factual.

[Northstar68]

Indeed you should prepare an argument of why you disagree, if you don't then the CO may be set without any conditions. If you look on these forums you will see lots of info about arguing against the CO. Your other half (the defendant) must tell the court in advance that you will be attending the hearing and not just in a silent capacity.

 

If you present a well prepared argument then the opposition have an opportunity to "kindly offer" that they are prepared to accept your other half's repayment amount if a CO is set. That's when you agree to it but ask the judge to set the no enforcement condition.

 

It's a stupid game I know but that's how you have to play it out, if you don't go in fighting the kind offer of instalments won't come about. On the day make sure you have 3 copies of everything in your armoury number everything so that you can reference it in the manner: "sir, you will see on page one a copy of the judgement that shows the claimant originally accepted the instalments of £xx.xx per month. Since that judgement the instalments have been made regularly without fail as the summary on page two and copy bank statements on pages three to seven demonstrate". I'm sure you get the idea but what you are trying to do is demonstrate how reasonable you are in co-operating with the claimant, the solicitor then will feel the need to appear just as co-operative and helpful in reaching a resolution. Be nice and polite and above all factual.

 

Thankyou so much Echodale.

Please can I ask if I should keep everything in this thread for when I prepare my argument? (which I may as well start getting ready from now seeing as I havea week off work)

or should I start a new thread called 'arguing against a CO' or something.

I'm aware this thread has got so long

[Echodale]

No need to be embarrassed . I think a few people are subscribed to this thread so just keep it going. I have not done a lot of posting on CAG myself but I have been lurking for about a year and the impression I get is that the informed keep an eye on the threads and if you seem to be doing OK then they leave you to it but as soon as you need guidance they pop in and give it.

[Northstar68]

Hi Everyone,

 

Back again, just needed a few weeks away from the legal jargon, I was getting quite overwhelmed with it all, had some family traumas to deal with plus all the usual dayd to day pressures that life brings.

 

But now I need to get my head into gear and start preparing my objection for when we are back in court. No news yet from Restons/MBNA/Court but from what I gather, Restons have now gone for an Interim Charging Order and then we will hear of when we are court to make the CO final.

As I have said before, this is my OH's debt but I own 50% of our home so I am able to go and give my objections to the final CO.

 

I have valid 'emotional' reasons why I also wouldnt want them to force a sale so should I add all that in as well?

I have been reading up on so many threads here but my problem is that I open up so many boxes when I click links and then I can't remember where I saw them or then I forgot to subscribe.

 

Does anyone know if there are any templates I could use for my objection? What I mean is, do I just write it in plain English or do I need to quote the law/other cases/use legal jargon?

 

Not sure how to start it, starting is always hard. If I was able to speak my case I would be absolutely fine, writing it down is different, I spend far too much time faffing about!!

 

Many thanks for any tips!

 

P.S. SHould I start a new thread called CO objection or something? Or stick to here?

[DuffNCustard]

I found some useful input on National debtline website - reasons for objecting to a CO, and used that to start with. Then I added some of my own 'emotional' type things (I have a handicapped grand-daughter) I smartened it all up by making each point crisp and succinct. At the hearing the Judge spoke directly to me and from his questions invited me to open up on my objections. He was a real gent. He told me that because of the length of time that Mr Duff would take to repay the debt that would swing him to awarding the CO. I'd already considered this and replied that my real objective was to ensure that my home would not be sold from under me, he agreed that and said he would put a clause in prohibiting the creditor from doing this. Also the creditor had to pay the costs and were awarded no interest - so I got 90% of what I wanted and our home is safe.

[Custard Creams]

HI Northstar,

 

I'm been reading your thread with interest. Like yourselves, we can a credit card with MBNA and now have the wonderful dealings with Restons:(. I too was advised by CCCS to admit the debt and now have a CCJ and I'm waiting for a date for Redetermination.

 

I see Restons are going for a charging order....can they force you to sell with one, as i was under the impression they couldn't.