Help wanted.Restons / CCJ

[sleepingdog]

Hi ianjen , make sure that you turn up at the court date, it is quite likely that if you get a good judge that the determination order is thrown out. bring evidence that you have paid payments set by court on time. bring evidence that your other creditors have accepted payments without court action. All the judges that I have come across so far have been very fair if you can prove that you are doing your best towards your debts and that a creditor is being greedy and using the courts to get ahead of other creditors. I will keep an eye on your thread and try to help if I can. The main thing is don't worry ,a lot of people on this site found it though MBNAs tactics myself included.

sleepingdog

[sleepingdog]

ianjen, do you own your home ,if so they may look at you not attending again and getting judgement changed to forthwith ,this will then open the route for a charging order, something that Restons and MNBA seem to like.

sleepingdog

[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

[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

[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

[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