Restons Charging Order

[Davetherave12]

Hope you can help me on this one.

 

A Claim was issued against me by Restons for a credit card debt. I had come accross this site before but a little affraid to post anything thing up.

 

Anyway I had alook at all the docs presented and everything looked enforcable and iwhile that was happening Restons were awarded summary judgment.

 

The amount they claimed included a huge collection charge plus interest.

 

To cut a long story short I have a charging order on my property and am paying Restons £100 per month.

 

My questions are:

 

1.Can I now fight the Summary Judgment even though I have made payments?

 

2.Can Restons charge interest on the awarded amount?

 

 

I will post up the original claim and the order by the court.

 

I would obviuosly appreciate any help, I would think tehre are a few more people in this situation who could use it as well.

 

HELP

 

thanks

 

Dave

[Davetherave12]

Original Claim and Charging Order attached!!

Restons Charging Order.pdf

[RobinWayRobinme]

Is this in respect of an agreement regulated by the CCA 1974? If yes then post judgment interest is not allowed to be added to judgment debt.

 

Original Claim and Charging Order attached!!

[Davetherave12]

Yes, it's a credit card with John Lewis services. I'm not sure if i'm actually being charged interest, should I write to Reston's and ask for a Statement.

 

It just worried me, the words interest on the Final Charging Order!!!

[RobinWayRobinme]

If you refer to the original judgment it should state on their if interest is being wrongly added to judgment.

[Davetherave12]

That is the only one I cannot locate!!! I'll ring the court and ask them to send a copy of the original order.

[Davetherave12]

Have found it, twas attached to the order I made to pay in installments.

 

Needless to say they went for the charging order.

Restons Judgement.pdf

[DuffNCustard]

The problem is that judgement has been awarded and you want to challenge the claim now - others will I'm sure advise the process for doing it.

 

had you defended the claim you could have got that collection charge removed as it represents a penalty fee and you could have go the interest cancelled as they would have needed to provide you with a copy of the contract (not reconstituted one) so that you could AUDIT the interest they are claiming, the odds of them being able to do this are in your favour.

 

Now how you go about doing this now is the question, did you get notified of the original CCJ? did this happen without you knowing about it?

[Davetherave12]

I did defend the claim initially, but as mentioned they went for a Summary Judgement and won. I now want to know if I can now go back and appy for the judgement to be thrown out, even after making payments to them?

[supasnooper]

Did you defend against the Summary Judgment ?

 

Did you defend the Charging order ?

 

You could try to set aside th CCJ but it will be an uphill battle.

 

Have a look at the links below to see if there is anything that may be of use -

 

Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

Setting aside the original CCJ of your CCA

[Davetherave12]

Neither, only submitted an initial defence and then did nothing!!!

 

Wasn't sure of the system then so accepted everything that was thrown at me.

 

It's not the judgment as such., I owe the money, it's making sure there is no interest on the judgment, otherwise I'm never going to play the sodding order off!!!

[supasnooper]

Unfortunately, if you didn't oppose or object at either hearing then you are rather stuffed as to setting aside the Judgments......and and unpalatably accept the interest being added to the debt.

 

You could apply for a variation of the Order to repay the debt at a rate that you can afford, however this would cost £75.00.

[Davetherave12]

I did that, hey didn't accept the payments I offered, they went for the Charging order, thats when I wrote to Restons and offered them a higher amount per month.

 

Guess I should write to them to see if interest is being added or not.

 

Some have said on here that interest should not be added to debts regulated by the cca.

 

thanks for the input

 

Dave

[supasnooper]

Please can you post up a timeline of events that occured...we seem to be missing a few facts here and I cannot second guess you.

 

Quitre rightly, people on here do say that interest cannot be added (unless it is stated in the agreement) but you would have needed to oppose the claim and the Charging Order to get this dismissed.

 

A County Court Judgment has now been passed on your debt which overrides any terms and conditions of the debt,

[Davetherave12]

Timeline Below

 

March 2009 – Letter from Restons demanding Full Balance plus collection charge in ten days.

Received Claim form from Northampton(copy attached prev)

CCA’d OC and couldn’t provide docs.

 

Acknowledged service and submitted Embarrassed Defence!

 

April 2009 - Restons send Docs(inc CCa and original statements)

 

May 2009 – Notice of Transfer of Proceedings to Local Court

Received notice of “Application for Summary Judgment(to be held in August)

 

June 2009 - Filed Allocation Questionnaire

 

August 2009 - Restons send Witness Statement

Hearing takes place( I didn’t attend) Receive CCJ(copy attached) demanding full balance

Cannot pay so file form N245(offered £10 per month)

 

Sept 2009 - Receive Interim Charging Order(hearing for Oct)

 

Oct 2009 - Receive Final Charging Order

 

Nov 2009 - Wrote to Restons Offering increased payments,

Reston Accepts

 

I have been making regular monthly payments since,

 

 

hope this help ,

 

 

thanks

 

 

Dave