Restons trying to "increase" a CCJ - can they do that?

[fightthefuture]

Hello,

 

Restons Solicitors are hassling me with regard to a debt I've been paying under CCJ for quite a while now. (Have never missed a payment.) They intend to seek an increase in my payments, and are asking me to complete a financial statement which asks for a load of personal information I don't want them to have (marital status, wages of my family, bank account number, the value of my household contents, etc.). They say that if they don't receive this statement in full, along with a revised offer, they will take legal action.

 

To my first question: My understanding was that once a court makes a CCJ, it stops your creditor from pursuing you. Am I wrong? If so, what could Restons do to increase my payment?

 

Some relevant background: I recently became unemployed and have no income (it's as much as I can do to pay the CCJ). I also don't own any assets of any value: no house, no car, no valuable possessions. I have also decided to go bankrupt in the next few weeks.

 

While I have no intention of completing their privacy-compromising financial statement, I have told them that I have no income and no assets and that if anything my payment should be reduced to £1 per month.

 

My current feeling is that it's best to concentrate on petitioning for my bankruptcy which, when official, I believe will make the above issue "go away" anyway. But in the meantime I'd like to hear peoples' opinions on how to deal with Restons.

 

Thanks in advance!

[bigandyuk1]

They have to go back to court to get the amount you pay on the CCJ adjusted and in your present situation I would suggest that the court would probably reduce the amount you are paying not increase it...

Regards

[jimbo45]

A CCJ is a COURT judgement -- if Restons don't like it --tough -- Courts are there for a purpose not to line the pockets of the employees / partners of wretched outfits like Restons.

 

In your present circumstances even Restons would have trouble changing the CCJ -- which a Court might even REDUCE to a nominal 1 GBP a month until the Bankruptcy goes through.

 

Restons I suspect must be getting into hard times so they probably are trying to squeeze every last bit of extra cash from their "unfortunate Victims".

 

The whole Debt Collecting Industry I'm glad to say is going through tough times -- people who CAN are paying off cards etc as fast as they can while those who can't really DON'T have any money to pay these desperate and loathsome companies .

 

I really can't understand why ANYBODY would ever work for outfits like these who just treat ordinary people who for one reason or another have got themselves into a problem often through no fault of their own -- redundancy, jobs off shored, divorce, death of breadwinner etc etc.

like total ****.

 

 

In fact if you are going Bankrupt ANYWAY and don't own a house why don't you just STOP paying anyway -- Even Restons can't do anything here -- even if they go to court again what can they do -- Bankruptcy finishes EVERYTHING off -- although there are downsides as well.

 

When dealing with Restons who must be the MOST UNSYMPATHETIC and NASTIEST firm in the country I'd grab any chance NOT to pay them anything if the consequences are OK.

 

Restons go to court at every conceivable opportunity but if you don't have assets and are preparing for Bankruptcy let Restons get the expense of more Court and tell them to Foxtrot Oscar.

 

Cheers

jimbo

Edited November 2, 2010 by jimbo45

[debtdiary]

Well - here's something to keep in mind - if your circumstances are worse now, play them at their own game... YOU apply for a variation to the Court and ask for REDUCED payments.

 

You do need to warn Restons that your circumstances have changed, because if you miss a payment without having given them the reasons they'll have a much stronger case for going to court. Someone else here can probably tell you more about that... there might even be a template letter?

 

In your application mention that you're doing this to defend yourself against direct approaches from Restons and that you have already been on the wrong end of one. I know Courts can seem stacked up against us but the one thing they don't like in my experience is creditors taking the Mickey once they've already got a Judgement. It's a waste of court time and with courts closures they don't have the time to waste.

 

Meanwhile just reply to Restons and explain that they need to go through the Court for a variation upwards. Also mention that you are in worse circumstances than you were so they stand little chance of success. You could even mention that since you have had a drop in income you were thinking of applying for a variation downwards. They already have your I&E from the first time around so just tell them your exp has not changed and your income is now zero (or whatever benefits you get.) No need to give them more info than that.

 

I attended one of my CCJs in person so I could ask some dumb questions and learned a lot... mostly that the Court is there to protect us. The DJ and the duty sol both told me that they would rather not deal with the instalment amounts at all and prefer the creditor to reach a payment schedule with you directly to save Court faff, BUT there is no obligation for you to agree to anything unless Ordered by the court. She even said that if Egg (yeah, them!) wouldn't listen to reason then I should apply to the court for a payment variation and just ignore Egg.

 

If they then apply through the Court you can probably ask for a stay on the basis of pending Bankruptcy? Come to think of it your sponsor will need to do something with the existing CCJ won't they?

[debtdiary]

Oh - and once you've written to them DO NOT discuss on the phone. Just politely explain that it's now potentially a contempt situation and everything must be in writing. I've come to the conclusion that the worst possible thing you can do to the wazzocks phoning you from firms like this is stay polite - nothing annoys them more.

[MONX]

Only the court has the right to your personal income and expediture information, as others have said, if you are going down the route of insolvancy then this will go away anyway.

[babybear39]

Yep. I got rid of a £14000 LTSB CC due to BR **** idn't like it but they were one of the companies that cornered me into doing it

[jimbo45]

Restons don't have Brains. They ALWAYS go to Court as they think they can win around 70% of the time which unfortunately they do.

 

It's a percentage game for them -- win 7 times out of 10 and the risk is one any BOOKMAKER would slice his right arm off to get.

 

All you can do is make sure when you are one of the 3 in 10 who has a chance of NOT being able to pay them even if they do win is that that they DON'T get money from you so make sure that it costs them BIG TIME BIG time both in effort in getting their Court case prepared and in the impossibility of them collecting anything even if the judgement goes against you.

 

If I have a wish for the new year (2011) is that I would LOVE to see Restons go out of business.

 

Cheers

jimbo

[harrassed senior]

My response to these types of requests is:

 

This is what I always send:

 

 

Dear 'good friend'

 

I acknowledge receipt of your letter of *************** with enclosed form.

 

I have been advised that this 'personal' information is just that - personal. However, following your request, I obtained a Court orientated Income and Expenditure Form which I understand only a Court and/or Judge can legally have access to, and filled in the details required therein.

 

Following the revelations about my financial status that completing this form brought to light, I would like to thank you for pointing me in the right direction.

 

From this information it is obvious that I have no disposable income at this present time. It has been suggested that following discovery of this situation that a County Court Judge, would, in all probability Order that I can afford no more that £1 per month to each and all debtors, which of course includes yourselves.

 

As suggested therefore I look forward to my time in Court in order to lower my present payments.

[harrassed senior]

Just an afterthought, who (which company) obtained the CCJ against you, as I believe only the original Plaintiff can take any further action on a CCJ>

[sillygirl1]

As you are now unemployed you would get help with going bankrupt, and you certainly would qualify for help with court fees, so it might be worth revisiting this in court and showing Restons up as the money grabbing idiots they are.

[PGH7447]

subbing

[kerravon]

Does anybody else think there would be an argument here for just ignoring them? After all a trip to court would avail them nothing, surely this is the post CCJ version of a phishing trip?

[harrassed senior]

Without the answers to some of our questions above, I am not sure there is more to say.

[ploddertom]

I prefer Harrassed Senior's remedy, certainly does it for me.

 

PT

[fightthefuture]

Thank you, everyone, for your responses - they are very informative and helpful.

 

@bigandyuk1: It had crossed my mind that if it goes to court, the court will see that I can't even afford the current CCJ and might reduce the payment. That said, when they originally made the CCJ for the amount I'm currently paying, it would have been clear to anyone with a basic grasp of mental arithmetic that there was no way I could afford that amount - it's as if they plucked it out of the air.

 

@jimbo45: You have clearly dealt with Restons before! More broadly, only the other day I was talking to my girlfriend, questioning the nature of the people who would work for companies that drive people into further misery and even, in some cases, into taking their own lives. Perhaps they are ego-manics hell bent on their own financial success in life and feeding off others' misery. If they had any idea or empathy with what they put people through, perhaps they'd quit. They rule with the weapon of fear, and sadly it works more often than not. But some of us get into a position of "nothing to lose" and can fight back with the two fingers of bankruptcy. (Not that I'm taking that at all lightly, but it's simply the best way out now.)

 

The reason I don't stop paying the CCJ (until bankruptcy) is that then it becomes a potential bailiff matter, and I don't want that for myself or my partner.

 

@debtdiary: thanks for some very good points. I could consider asking the court for a variation downwards, but I'm thinking that simply going bankrupt ASAP will avoid the necessity for that option (although I don't yet know how long a typical waiting list is, if such a thing exists). None of my creditors have my phone number any more, thankfully - it's all in writing.

 

In fact, Restons don't even have my current address, as it's being forwarded from my previous residence. I'm not sure whether or not this might pose a problem for a potential court hearing, as it might be my "previous court" rather than my local one. (Which isn't a problem per se, but I wouldn't want the judge frowning on my not furnishing Restons with my new address.) The reason I chose to do it that way was to protect my partner from potential visits (e.g. doorstep collectors, serving of a statutory demand, etc.) - they are not her debts and that would be unfair on her.

 

@harrassed senior: Excellent letter! It was HFC Bank that obtained the CCJ against me, using Restons who are their solicitors. That being the case, it seems like Restons would be able to take further action if they were so inclined. (And indeed they are.)

 

@sillygirl1: I was unemployed briefly and am now "self-employed" although haven't made any money yet. I'm going to have to look into whether or not I'll be allowed to go bankrupt at a reduced rate on the basis that I have no money.

 

@kerravon: I myself am considering ignoring Restons. Any contact I make with them is giving them information that they could potentially use against me. If anything, I could invite them to take me to court, who will find that I can't pay even the current CCJ.

 

Thanks again for you valued input.

[babybear39]

One issue you have to address is that if you do go BR it will affect your self employment status as in having accounts with suppliers etc.

[jimbo45]

Hi there

HFC and Restons make even the CRAZY approx 2,700 % (YES NOT A MIS-TYPE) interest charged by WONGA and other companies of this ilk seem like Mother Thresa by comparison.

 

DOORSTEP collections are NOT allowed anyway as you can -- as others have often pointed out in these boards quote a specific case where only specific people have an "implied right of access" to your property -- and you can withdraw invitations to the rest -- making any Doorstep Collectors Tresspassers which you can EJECT (with "reasonable force") if you have to.

 

Now with a CCJ before Bailiff's can be used to enforce judgement it has to go back to court again -- and it's NOT an automatic process since if it did go this far you could simply quote lack of income etc etc and the Court as before certainly would give you a better deal that those BARSTEWARDS at Restons.

 

Considering the time element here and if you are SERIOUS about going Bankrupt -- there are a few downsides as well but you don't have property so you can't lose your home __ then I'd just give the two fingered salute to RESTONS -- let them spend their money on pointless Court judgements which they won't be able to enforce.

 

"A Complaint a day Keeps Restons away".

 

Their motto by the way is

 

"HEY HEY We're Restons --OK"

"How many Pensioners can we screw up today".

 

Of all the DCA's and solicitors I have ever dealt with this must be the NASTIEST bunch of "people"--I shudder to call these animals that-- EVER and I've met some nasties in my time.

 

Cheers

jimbo

Edited November 3, 2010 by jimbo45

[fightthefuture]

@babybear39: The only extent to which I'm "self-employed" is that I've registered with HMRC. There are no bank accounts, supplier accounts, premises or employees associated with the business, and I'm told by HMRC that bankruptcy will not affect my status with them as "self-employed" - i.e., I won't have to register as self-employed again.

 

@jimbo45: I appreciate that doorstep collections are not allowed, but we all know the lengths these "people" (as you say!) will go to, including relying on peoples' lack of knowledge. In other words, I have every reason to suspect that they would still try, and that is something I'd want to avoid.

 

Thankfully I have never dealt with Restons on the phone - I learnt a long time ago to never deal with any such people in this manner. I take it from your emotive response that you have had the misfortune to do so? Even though I haven't, they were the cause of the biggest stressful period of my indebtedness when they sent me a statutory demand and I feared that I would lose my house (when I owned one a few years ago) - I felt like I was going insane, literally.

 

Bankruptcy is a decision that's taken a few years to come to, but now it's the best way out, and while I'm not taking it lightly, I am at the stage where I feel the whole bunch of creditors deserve the final two finger salute, having been treated like a second class citizen for several years.

[babybear39]

I felt exactly the same and boy, was it great to tell them all to foxtrot oscar