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MBNA, Reston's Solicitors and Charging Orders Help Needed


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Can any one tell me if this is right.

 

I am dissabled and have been having trouble with MBNA/Reston's Solicitors for a while now. They want to make me homeless but I thaught I would be OK since I kept up with my original payment plan.

Around March2010 MBNA/Reston's Solicitors applied for a charging order on my home. I disputed it while it was still an intrim order because I had kept up with my payments. I had also made a subject access request around December 2009 which they had not complied with.

 

MBNA/Reston's Solicitors reached a new agreement with me and informed the court that a new agreement had been reached so they would not be persuing for a full charging order.

 

To my surprice I recived a letter around xx November telling me that a court date of xxDecember had been set for the Judge to hear the full charging order.

 

I was given no opportunity to chalange it the date had been set.

At the hearing the Judge awarded the charging order without takeing any of the facts into consideration.

 

According to the new arrangements which I have in writeing from MBNA/Reston's Solicitors they wanted £940 as full and final settlemnt by the end of November 2010. I pid them the full ammount by around xx November 2010.

 

The original ammount was £7,000 of which I had paid off £5500.

 

The new charging order was for £3001. I have no idea where this ammount came from.

 

Can the courts Just give a harging order on an old judgement without allowing me to dispute it?

What can I do about this as I do not have the money for solicitors and appeals and CAB have allready let me down?

 

Surly a court can not just award money to MBNA/Reston's Solicitors without any justification or proof that I owe the money and surly they have to look at the agreement we had and the settlement I made?

 

I beleive I am not the only one who has suffered this injustice by District Judge x at xxxxxxx county court. It is a shamefull episod for all district judges but what can I do about it?

Edited by MARTIN3030
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Have flagged this up-meantime have also removed identifiers.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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At the hearing the Judge awarded the charging order without takeing any of the facts into consideration.

 

Did you use any defences to the charge?

 

The new charging order was for £3001. I have no idea where this ammount came from.

 

Have you asked for a breakdown?

 

Sorry for the questions, I'm trying to figure out the best route forward :)

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