Help wanted.Restons / CCJ

[ianjen]

Thanks so much - yes if anyone is will to come along that would be great - really can't thank everyone for their support.

 

Court case will be held at Chester the home town of the MBNA!!!

[MARTIN3030]

Ah...Yes-this is the Court which actually referred the CCA cases (or a selection of them ) to Manchester.

 

So we can be CERTAIN its not something they are in the dark on.

We have had a few bad results from there-there was rumours that MBNA are a big employer and of course Chester is also home to those other sinister outfits like AK.

But dont let that put you off-it has certainly not put us off.

Good preparation and a will and determination to fight are a must.

[MARTIN3030]

I will post out a shout for a Court Buddy for you.

[ianjen]

Thanks again for all you help.

[sleepingdog]

Hi ianjen, northampton must have accepted your payment proposals after looking at your income / expenditure section section of the origonal court papers or come to the decision themselves after seeing same paperwork therefore has anything changed to bring on the redtermination ? . What is shown on the paperwork asking for a redetermination ( length of time etc), the answers to these questions may help you build up a defence against redetermination if you were to accept origonal judgement.

sleepingdog

[ianjen]

It is a Notice of Transfer of Proceedings and states the following:

 

To all parties

 

This claim has been transferred to the Chester County Chourt for that court to deal with the claimant's application for redetermination.

 

That court will send you and the other parties notice of the time, date and place of hearing.

 

It is issued by Northampton CC

 

Nothing has changed from the original paperwork sent. The CCCS ran through our expenditure and updated it and sent us a copy to send with the initial Court Application

[sleepingdog]

Hi ianjen, As I don't know the figures involved I guess that the payments that you were making to the DMP concerning the MNBA account would have meant that the length of time to fully repay would have taken 10s of years. If I am right then I am guessing that they want payment sooner by either a increase of payments or a charge on your home. If you are not fighting the origonal judgement then you need to be looking at why the payments should remain the same and also why the judgement should not be changed to forthwith.If you look into charging orders on this site it outlines what sort of objections to use , and if you look at threads on charging orders again you can get a lot of info on fighting the change of judgement to forthwith. If however you are thinking of fighting the origonal judgement then you will need to tackle this differently and therefore you need to look into either option and decide which way to proceed allowing posters to help you rather than possibly confuse you.

sleepingdog

[ianjen]

Hi we have just recieved the notice for our redetermination hearing 30/3/2010 @1045am

Now we need to work a defence but am still not sure which way to go

any help/advice welcome

[ianjen]

Hi just spent a couple of hours reading threads and come to the conclusion that what restons/mbna are really after is a charging order, if the judge turns this to a forthwith then they will get what they want.

Is there any mileage in the fact that the DNs were possibly incorrect so therefore the original ccj is invalid

[sleepingdog]

Hi ianjen, just because MBNA want the judgement changed to forthwith to allow them to go for a charging order does not mean that the judge will change it. You need to show how it affects other creditors ( are other debts higher than the MNBA largest debt) , that you have tried to deal with your debts (DMP) ,that you have been making regular payments to them that reflects your financial situation , is debt yours but house in both your names, do you have any positive equity in house etc.Even if they do get order changed to forthwith you can still fight charging order.

sleepingdog

[supasnooper]

Hi just spent a couple of hours reading threads and come to the conclusion that what restons/mbna are really after is a charging order, if the judge turns this to a forthwith then they will get what they want.

Is there any mileage in the fact that the DNs were possibly incorrect so therefore the original ccj is invalid

 

 

You could mention about the DN's at a Redetermination hearing but you may very well irritate a Judge, who will just tell you you should have applied for a Set Aside of the CCJ and then you could bring the defective DN's into play.

 

A Redetermination hearing is just that; a look at an application to redetermine the terms of the CCJ repayment.

I see sleepingdog has provided some excellent advice on this.

 

Have you given any thought about applying for a Set Aside seeing as you were incorrectly advised by CCCS ?

[Mydogsawestie]

Hi Ianjen sorry to read of the troubles you are experiencing with this duo, have noticed another thread going through a similar situation to you at present & hope you will gather some information from it to help you.

http://www.consumeractiongroup.co.uk/forum/legal-issues/241308-redetermination-hearing-advice-pls.html

 

I hope you find it useful and wish you every success in getting this sorted soon.

[ianjen]

Just to let you know the hearing is on the 31 March 2010 - we are going to put a defence together in the hope the judge will not do a forthwith judgement.

[Northstar68]

Hi Ianjen,

 

The link in the previous post is to my original thread.

So sorry to hear you are going through the same. We were also incorrectly advised by the CCCS and now we are fighting a CO on our home, or rather I am as it's my husband's cc debt.

Anyway, I have just started a new thread called Fighting CO MBNA/Restons so that has all the updated info.

 

In our redtermination hearing we had an awful judge who wasnt bothered that MBNA didnt turn up, wasnt interested that my husband had been paying the monthly instalments as set by northampton since Aug 2009.

He then ordered Judgement Forthwith which of course we couldnt pay and now I am objection to this CO.

The default notice was also invalid.

MBNA have also faffed about for many months when we treid to find out about unfair charges etc, but none of this seemed to matter

They have 9 days left to respond to the SAR.

 

When we get back to court when the CO is made final this is when I need to object so this is my task now, get as much info as possible in my objection so that the final CO isnt made. I worry most about a forced sale.

It is his debt and he will pay it minus unfair charges hopefully.

Our circumstances are slowly improving and all our creditors are now getting increased payments but not MBNA/RESTONSas they didnt want to be part of our DMP in the first place and went straight for the CCJ.

Sigh.

 

I have everything crossed for you for your redetermination. I will subscribe to this to see how you go and lend an ear, I know exactly what it's like, it's been avery rough time for us and pressured learning all the legal jargon etc

 

Good luck, have a read of my new thread about fighting the CO. Hopefully we can support each other through this difficult time.

[ianjen]

Hi Northstar, thank you for your support Our situation is very similar, this too is my husbands debt (but we are fighting together)

 

We are waiting for the subject access request from the MBNA but have not heard a peep out of them since we requested it over a week ago, but I suppose they have a few weeks to go yet.

 

However, we also applied to Restons (and the MBNA) for the CCA - Restons sent it back with the £1 postal order and saying the following:

 

Please find enclosed a DRAFT LETTER which purports to come from you but which is unsigned

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.

 

I also spoke with a guy from the CCCS about CO and the retermination hearing which is actually on the 30th and not the 31st as I said!!! They informed me to defend the payments the CCCS by stating that nothing has changed since Northampton CC so why did MBNA/Restons want a redetermination if that is all we can offer - he also stated to treat the CO like a secured loan on your property and not to worry about it!! Easy to say when it is not you that could end up with a CO!

 

I will check out your new thread and yes lets hope we can support each other - Jen

[sleepingdog]

Hi ianjen, one of my creditors tried to get a order changed to forthwith to allow a CO but I was able to fight it off , they have since stated that their client has a policy of keep applying to get a CO . Also one of my workmates had a CCJ ordered as forthwith with the view to the creditor getting a CO yet they were also able to get a redermination allowing the debt to be paid in instalments therefore stopping the CO so be positive .The fact that Restons are being unhelpful in regard to the CCA will have no relevence on the redermination ,and even if there was no agreement again it would not influence the redermination ,you would need to apply to have the CCJ set aside. On another note the CCCS advised me in my case that the creditors were entitled to apply for a CO and that they were likely to get it, luckily for me that wasn't the case and I must admit I was concerned at the advice I was given by the CCCS.

sleepingdog

[Mydogsawestie]

Hi Ianjen just wondered how your hearing went on the 30th March, any news to update us???