Restons/mbna

[blue-monday]

Hi, Cannot fathom out how to start a new thread, I am getting desperate now as I had a charge put on my house after Reston's/MBNA obtained a CCJ against me in Northampton last month.

 

Reston's have kept me in the dark as much as possible & I had no idea that they were going for a charge on my house when I got the re-determination notice I thought they were going after increasing the monthly payment, I had been paying MBNA every month since the plan started by standing order, Reston's informed me I had defaulted on the payment plan although I had been paying [this was actully deducted from the original Northampton final settlement]!

 

When I appeared at the re-determination loaded with all the wrong info of course! both the Judge & even Reston's solicitor [local acting on their behalf] suggested I lodge an appeal against the original CCJ but must act quickly [they didn't give a time limit]

 

Does anyone know how I lodge an appeal & how I organise it? as time is running out.

 

Spent last night trawling through this forum & it really opened my eyes to how much help there is, I tried phoning the legal team at the local CAB but they were not much help.

 

If I need to start a new thread could someone let me know how as I have tried to find my way around but as you can probably tell I am desperate to get an appeal started.

 

Thanking you in advance.

[saintly_1]

Hi I have moved your post to a thread of its own and retitled it

 

 

Hope that helps

 

 

saintly

[blue-monday]

Hi Thanks, There is meant to be a private message for me but I cannot access it [still trying to navigate around your pages]!

 

Could you let me know how I can access the legal forum to see the post.

[saintly_1]

You can get to your private messages by clicking on Quick Links just above the first post here

 

A good help to getting around is this thread

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

You are already in the Legal Issues Forum (I moved your post from where it was to here)

 

 

To find your thread again once again click on Quick Links and move down to subscribed threads.

 

The private message will proberbly be an automated message sent to you informing you that your post has been moved

 

 

Hope that helps

[blue-monday]

Damn I must be thick but I cannot get into the legal issue forum! I have tried every button to open the message but still can't view it, getting desperate now as I don't know the time scale of an appeal.

[blue-monday]

OK I'm in now.

[car2403]

When was the original CCJ granted? You'll only have a month after it to deal with it. That is a month after you became aware of it, though, if it went through without you being notified

[blue-monday]

Hi Car2403 thanks for the response, it was June 15th, looks like I'm out of luck then, I cannot understand why both the Judge & the Devil's solicitor told me to appeal if I was out of time.

 

Second sleepless night, wonder if it gets better with time! I just cannot understand why they went after me as I never missed a payment once I was on the plan, first time in my life I get a CCJ against me when I feel I have done no wrong.

 

Wish I had found this forum earlier some of the advise on other threads are so helpful.

 

Have donated £10 via paypal sorry I can't send more.

[car2403]

When did you become 'aware' of the CCJ, though? Was it less than a month ago, now?

[blue-monday]

Date of the Judgement was 15th June, I had the notification two days later, the re-determination came through dated the 8th July received two days later to attend Aug 3rd.

 

I really hate the thought of anyone going through what I am at the moment, I should imagine there is no opening for me but reston's just did not send me adequate paperwork hence I didn't know they were going for a charge on the house felt pretty stupid having handed in to the court the week before paperwork pleading why I couldn't pay more.

 

As mentioned I wish I had known about this site when I got the 1st notification.

[blue-monday]

I had filled in the part admission online [big mistake]! as I have mentioned the dates where I was meant to be in default were paid every month to MBNA & these figures were deducted from the final figure & charges [heartbreaking all that money paid out & debt coming down nicely & it's gone way above what I owed in the 1st place]!

[blue-monday]

ADVISE NEEDED!

Sorry to shout just got the letter from the court today, It states: "THE JUDGEMENT TO BE PAYABLE FORTHWITH"

 

Does this mean I have to sell my house, or that they have a charge on it?

 

can I appeal against this or is this final?

[blue-monday]

I have now phoned the court & they put my mind at ease [slightly]

 

They are sending me forms to fill in to "Set Aside Judgement" so again is it worth me carrying on with this or is it best just to carry on paying the £40 per month.

 

I just do not think Reston's should get away with this as mentioned at the top of the thread the money what was in dispute was paid monthly by standing order to MBNA also MBNA refused to send me statements to send to the court & they have washed their hands of it.

 

The Court confirmed that the Set Aside Judgement will be held at my local court house so at least it won't be in Northampton which I have found out is just a bulk claim centre & rubber stamped by a civil servant [could be wrong on that]

 

So I will let you guys advise me on what to do next.

[car2403]

I was going to suggest looking at having a set aside, but it's not now going to be easy to get the Judge to review the original judgment now that the CO is in place, sadly

 

What was the original Judgment for and how has it all came about to this, BM?

[blue-monday]

In January 2009 I got into financial dificulties with all my bill [including my mortgage, I slipped into the arrears but have caught up now] after the usual wallowing in self pity I decided to get a grip of the debts & contacted all my credit card companies etc, I was put on a plan with all of them after working out a budget & set up standing orders & direct debits to start paying them off [only one is still charging interest at £12 per month good old Barclaycard]! started working for a company on a comission only basis but managed to keep the wolf from the door [forgot to mention my self employed business went belly-up]

 

I think I had slipped into the comfort zone where I had got on top of the debts, MBNA even sent me a letter to clear the debt at 60% off which was a great offer but couldn't raise it at that time [more the pity]! out of the blue MBNA got really heavy sending threatening letters to increase payments etc, told them I was unable to do this, next thing I get a letter from Reston's asking me to pay the money to their bank account [didn't realise they had bought the debt at that time as I thought they were solicitors acting for MBNA] I just carried on paying by standing order to MBNA when I received a letter saying it will be taken to court if I don't comply & send an Income & Expenditure form I sent it back later than the date specified with an offer of continuing to pay £34 per month [i later offered to increase this to £40 over the telephone stupid I know]!!! next thing in May this year I get the court summons & filled in the form online completly cocking it up! as their papers said I had made no payments between September 2009 - May 2010 [this amounted deducted from the original judgement] I had explained to reston's the money was being paid to MBNA from the word go but they chose to ignore it & proceeded to get heavy & go for my throat, I was ordered to pay £40 per month to reston's which I paid the 1st instalment last month & cancelled the MBNA standing order.