HFC, Restons & Charging Order - I'm Scared

[Oncebitten48]

I took out an unsecured loan with Household Bank back in 2003, (I had better add here that my husband did not know about the loan). I had been paying them £143 per month up until last year when my finances spiralled into difficulties.

 

At the latter part of 2009 they 'set' their rotweillers on me (Restons!!!). They in turn slapped a Court Order on me (CCJ) even though I made an offer to pay £15 per month carried it through and said that HFC could not accept this but instead demanded £67 per month. I made a payment, sending Special Delivery envelope with £70 in. They received this first payment so I did the same thing the following month. This payment never arrived (have yet to sort this out with the PO), and so they sent me a letter stating I was behind with payments and should therefore pay £134 by 31 May. I don't ever have £134 by the middle of the month, due to other comitments, do not get paid until the last working day of the month, and so the payment would not have arrived on time.

 

I must add at this point that I have already applied for the CCA and have received a signed copy (unusual I know). I have yet to reclaim the PPI - which I paid for a time and then cancelled with them.

 

When I first got into difficulties with my payments, I approached HFC and informed them that our house was in fact on the market and would make sure I settled the debt in full once this was done and requested that they allowed me to pay what I could when I could. Fruitless!!!

 

Restons have now, today, issued me (and my husband), with an 'interim charging order' dated 26 April 2010 which will be returnable by Monday 14 June to Norwich County Court. I have in the same batch of post, received a 'B136(CO) Notice of an application to register a restriction against the land' (and again one sent to my husband).

 

I am lost as to what to do next as I feel that Restons/HFC are being totally callous and unfair in the fact that I have always maintained I will eventually pay off this debt but cannot do so in the manner they have insisted.

 

And, yes I know I should tell my husband about all this but to be perfectly honest I would rather leave him out of it (for as long as is possible).

 

Any advice whether large or small amount, on this guys would be welcomed.

Edited May 11, 2010 by Oncebitten48

[Oncebitten48]

So having read through several copious notes on Charging Orders and how to stop them, I have resigned myself to the fact that my only option is to:-

 

a) Send an objection to the Land Registry Office, with reasons

b) Apply to the Court to move the hearing to my local area as I am

certainly not travelling all the way up Country for a ten minute

hearing.

c) Going to compose an objection to the charging order for the court.

d) Counter claim against HFC/Restons for all the extra charges, court fees, distress they have caused me and anything else I can drum up.

 

I really am so angry with these people as it seems they have no scruples whatsoever and don't care who they tread on and how hard.

Edited May 27, 2010 by Oncebitten48
Hit wrong button and hadnt completed.

[Rhyl40]

Hi I have also had a Charging order in the post today from Restons and am really worried about it, not sure where to post this so hope you dont mind.

I had a card with MBNA and about a year ago ran into difficulties with this and other loans, went to Payplan and they arranged DMP, I owed MBNA about £2800 at the time and Payplan offered £23.75 per month, regualr monthly payments made, then just after christmas a letter from Restons claiming amount in full - told them about DMP, they were ok at the time or seemed to be. nothing heard for a bit then another letter claiming amount in full, apparantly they were not accpeting DMP offer, I had the court papers, agreed I owed the debt, and then had a CCJ and an order to pay £600 per month. I have now had this moved to local court for redetermination, in the meantime today I recieve this Charging Order.

I really dont know what to do, I rang the court they didnt help much, rang Payplan they have said just turn up at the court.

Any Ideas any thoughts then I would be so grateful, its making me feel ill.

[Scooby_Doo2]

Hi Rhyl40

 

Charging Orders aren't just issued by solicitors - solicitors can only apply to court to obtain one, usually if the defendant fails to comply with an order of the court. To get the charging order, Restons would have to go back to court, show that you have not paid as per the court order and ask for a charge to be placed on your property.

 

If you have PPI and/or other disputed charges, you can ask the court to allow time for these issues to be resolved first.

 

You should always turn up at court to put your case. You are not expected to be a legal expert nor are you expected to cross examine anyone as they do in the movies. Going to court can seem intimidating, but it really isn't. This is a civil dispute - you are not being accused of any crime!

 

Oncebitten is taking the best approach in my opinion - you might want to follow her example.

[supasnooper]

Have a look at the links below on Charging Orders and what grounds you may oppose them -

 

Insolvency Helpline

National Debtline

A Guide to Charging Orders by Sequenci