wycombe V Restons (MBNA)

[citizenB]

Hope you are feeling better soon, Wycombe. Did you send the original letter by recorded delivery ?

 

There appears to be quite a lot of mail going missing, not being signed for just lately ! RM really have a lot to answer for.

 

Link to N244 removed as it was incorrect:oops:

Edited September 13, 2010 by citizenB

[foolishgirl]

The court are telling him they want a N245 (i.e. variation order) CB before they will transfer it to a redetermination.

[citizenB]

The court are telling him they want a N245 (i.e. variation order) CB before they will transfer it to a redetermination.

 

Oops, sorry.. thanks fg..

 

Form N245 can be downloaded from .... here..

 

Will remove the link to the N244

 

Nest stop. specsavers

[foolishgirl]

Nest stop. specsavers

 

DEFINITELY

[citizenB]

DEFINITELY

 

Oh dear, I am not doing too well today am I. Good thing I have a guardian angel

[foolishgirl]

Good thing I have a guardian angel

 

Long may she watch over you CB....

[wycombe]

Thank CB and FG.

 

I will be dealing with the form today and mailing it tomorrow.

 

The original letter to the court went by first class post - not recorded as I did not have time to get to a post office before going into hospital. I suspect it was not Royal Mail who are the incompetant ones here! At my hearing the judge had never seen my Witness Statement which was handed into the court a few days prior to the hearing. Somehow this 'disappeared'. I did have a spare which was handed to the judge about halfway through the hearing when she realised I was referring to points within it and she did not have a copy! I could probably write a very good farce about the whole thing!

 

Anyway I will get the form filled in and mailed tomorrow and will keep things updated as I go along. Today is my staple removal day at my local surgery so will not have much time until later.

[Paulb1972]

Wycombe - crappy result!! Glad that your at home and feeling better now.

 

Not sure what the process is but i think you can make a complaint against the judge - he clearly has disregarded all directions in the Equal Treatment Bench Book - which gives guidance on how LiP should be treated.

 

Anyone else reading this who needs a link to the relevant web google Equal Treatment Benchbook

section 1 and maybe section5 if you have a disability of any kind (cant post link not allowed)

 

Also everyone who is LiP is entitled to a "McKenzie Friend" this is someone who can enter court with you and provide support/take notes and assist you with the documents. Trust me this definitely helps!!!!

 

I would print up the EQUAL TREATMENT BENCH BOOK in HUGE LETTERS and have it as your very first page so the judge can see it when you open your documents up!!!!

[citizenB]

Hello Wycombe, hope you are feeling better

[wycombe]

Well I have been away for several weeks recuperating from the operation I had and things have been very quiet up until today. The last action I took before departing to stay with my eldest son in the wilds of Snowdonia was to file for a variation order. This morning I received a letter from my local court that a hearing of 10 minutes has been allocated at the beginning of December where it states "10 minutes has been allowed for the hearing of the defendants application for a variation order".

 

My question is what documents do I need to provide here? Presumably proof of income and expenditure? And again, presumably I am asking the Court to fix the amount I need to pay each month to MBNA?

 

Any guidance from experts on variation orders would be most welcome.

[foolishgirl]

Hi Wycombe

Glad you're up & about again & feeling better.

 

My question is what documents do I need to provide here? Presumably proof of income and expenditure? And again, presumably I am asking the Court to fix the amount I need to pay each month to MBNA?

 

You need to provide an I&E schedule; you don't need to provide receipts etc unless the court has asked for it. Did you send an I&E with your app?

 

You wil be asking for fixed affordable payments & as long as you obey that order, no further action can be taken against you. The DJ may ask you for a figure so make it something you can easily afford, no matter how small.

 

Take any docs with you that show your income but don't volunteer them unless you are asked.

[DizzieDiva2010]

wrong thread

Edited October 25, 2010 by DizzieDiva2010

[wycombe]

Thank FG

 

My apologies for the delay in posting back. My internet access is now severely limited as I cannot currently afford the service I used before. Living on Income and Support Allowance of £65 a week means almost everything has been cut to the bone! Hopefully I will be back on the job market in a week or so and my Internet connection will be one of my first priorities to restore!

 

Once I have had my hearing I will post the result up here.

 

Thanks also for the PM's - I will anwer these today whilst I have my connection. Again apologies in advance if I appear lax in response - its not because I am lazy or ignoring anyone its purely due to lack of Internet access!

[foolishgirl]

Don't worry wycombe. Just get yourself well & your finances on an even keel.

 

BTW, aswell as some retail outlets providing Wifi you can usually get free internet access in the library if that helps.

[wycombe]

Thank again FG,

 

My youngest son turned up with one of those mobile phone dongle thingies!! So I'm on the internet with that.

 

I already use my local library when I get into town - but this mostly for job hunting and the like as my time is limited whilst there. I live a couple of miles outside town so it is a special trip to go in - bus fares to pay etc. As said before I hope to get some sort of work soon so I am not crawling along watching every last penny!

[wycombe]

I am in need of a little bit of advice again to put it mildly!

 

As indicated previously I applied and paid for a variation order so as to fix the payments due to MBNA under the judgement they won against me in my local county court. This is due to be held in December.

 

Today I receive from Reston's an Interim charging order dated 14/10/10 (the actual letter is dated 2nd November) which is returnable on exactly the same date and time as my hearing for the Variation order. They enclose a copy N379 Form dated in September in support of their application.

 

Reston's are asking for details of all creditors - do I need to provide them with this information?

 

Do I need to contact the court with details of my Variation order? Or will these be dealt with at the same time by the same judge?

 

I must admit I am a little confused by all this and need to know what my best option is now!

 

Any and all advice greatly welcomed.

[Chipmeister]

OMG!! That sounds awful, can Restons do this???

[diddydicky]

of course they can- if you want to negotiate payments- it would seem reasonable that you provide details of incomings and outgoings

[cymruambyth]

I think Restons are asking for a list of creditors because they are supposed to notify them of CO

[diddydicky]

as far as i am aware there is no requirement for restons to know about other creditors when obtaining a charging order- the charges that are in front of them remain in front of them and will be notified

[wycombe]

Thanks for the responses.

 

What I am unsure about is the status of my variation order in relation to this charging order - and will both be dealt with at the same time by the same judge? Can anyone enlighten me?

 

I do not really have a problem giving Reston's my list of creditors but would prefer not to if I do not have to. I have a pathological dislike of helping them in any way whatsoever!

 

As regards my only income that is an easy one - DHSS Income and Support Alowance of £63 a week - shortly to be Jobseekers Allowance of the same when my last medical certificate expires - and that until I can find some kind of work again.

 

With the Charging Order I think my wife can challenge this with a statement and the documents to back it up that she has paid all of the Mortgage throughout its life by Standing Order through her bank. I had thought the property was now fully in her same having signed it over some time ago - but this has not yet filtered through to the Land Registry. It seems that this takes forever to do. The Mortgage is in her sole name now. So I think she can make a good case that her stake in the property is quite a high one.

 

Does anyone also know if I have to submit any documentation to the court in advance or is everything produced on the day? I have a few weeks leeway but time very quickly erodes this so I like to be well prepared in advance for what is going to happen and I also need to prepare my wife - who does not want to appear in court and is extremely nervous about it all.

 

As usaul all thoughts and contributions welcome.

[foolishgirl]

Can't recall wycombe without rereading all your thread - had Restons applied for an interim CO before the hearing?

 

If so, you should have asked for that to be lifted at the hearing. If you didn't, you should have put that in your app. A CO cannot be granted if you continue to make payments as dictated by the court order. As your redetermination is being held at a hearing I suggest you present your case as above & see what the DJ says although I suspect he will not lift the ICO as it is not in your app, you may have to apply again for that.

 

BTW, you do not need to show Restons your list of creditors, you do not even have to show the DJ unless he asks.

[wycombe]

Thanks, as usual, for your input FG - greatly appreciated.

 

If Restons had applied before the Summary Judgement hearing for an Interim Charging Order this was never made clear to me by any indication whatsoever. So as far as I know no such application was made.

 

At the moment there is no order for any payments to be made at all - hence my appliacation for a hearing through the variation Order. All offers of payments negotiated by the CCCS and Consumer Legal Advice were ignored or declined by MBNA/Reston's - though not in any direct communication to me. The last time I paid them any money was when I received the last statement from Virgin. There was never any method made clear to whom and how I should continue to make any payments.

 

I will take my list of creditors with me to the hearing - after all I am paying them small amounts as negotiated by the CCCS and Community Legal Advice as this also forms part of my income and expenditure. These payments are currently being maintained by assistance from my wife and sons - thus any payment made to MBNA/Reston's will also be subsidised this way until I get back into work again.

 

So I assume the Charging Order and Variation Order hearing are now one and the same?

 

Will my wife have to attend or can she just submit a letter to the court outlining she pays the full mortgage and has always done so and explaining that I had arranged to transfer the property into her sole name due to my illness.

 

Again all thoughts welcome.

[diddydicky]

Thanks for the responses.

 

What I am unsure about is the status of my variation order in relation to this charging order - and will both be dealt with at the same time by the same judge? Can anyone enlighten me?

 

I do not really have a problem giving Reston's my list of creditors but would prefer not to if I do not have to. I have a pathological dislike of helping them in any way whatsoever!

 

As regards my only income that is an easy one - DHSS Income and Support Alowance of £63 a week - shortly to be Jobseekers Allowance of the same when my last medical certificate expires - and that until I can find some kind of work again.

 

With the Charging Order I think my wife can challenge this with a statement and the documents to back it up that she has paid all of the Mortgage throughout its life by Standing Order through her bank. I had thought the property was now fully in her same having signed it over some time ago - but this has not yet filtered through to the Land Registry. It seems that this takes forever to do. The Mortgage is in her sole name now. So I think she can make a good case that her stake in the property is quite a high one.

 

Does anyone also know if I have to submit any documentation to the court in advance or is everything produced on the day? I have a few weeks leeway but time very quickly erodes this so I like to be well prepared in advance for what is going to happen and I also need to prepare my wife - who does not want to appear in court and is extremely nervous about it all.

 

As usaul all thoughts and contributions welcome.

 

the fact that she paid the mortgage payments will not count for much as far as the court is concerned - it is likely to consider the matrimonial home to be in joint ownership if the deeds are still showing you as a part owner

 

 

the " having signed it over some time ago" - would need to be provable and not just the production of a document signed by the two of you ( ie signed before a public notary- or handled by a solicitor" if you want the court to accept that as evidence that you are not now a co owner of the property- and i suspect that you would have to show proof of some "consideration" for your having signed over your share of the property- else it may be looked upon as a "device"

[Chipmeister]

OK, I've been having a little dig around for information. From what I've discovered, if the property is in joint names Restons can't get a charging order, only a restriction.

 

I believe my understanding is correct but if any CAGgers have any other knowledge...?