restons / mbna

[first FAIRY]

Hi there this is my first time here so please forgive any mistakes. back in september restons took over my debt from mbna, they wanted instalments of 110.00 a month which i could not afford so they applied for ccj which i got with an order to pay instalments of 32.00 per month but they were not happy with that so applied for redetermination which was held on 15 th december. i was then advised by the judge to allow them to go ahead with the charging order even though i have been paying the monthly instalments. so know i have the interim charging order with the final order hearing on march 10. after reading posts hear i realise i should not have agreed with the judge but can i stop it now? please help

[Chipmeister]

Hi there,

 

Sorry, I can't help with your question but I have hit the exclaimation triangle under your post which will bring it to the Site Team's attention, so someone will be along soon to have a look, I'm sure.

 

All the best,

CM

[rebel11]

Hi first

 

The guys will advise as soon as they are available.

[caro]

When was the original CCJ?

 

Have you been making the payments on time?

 

Are you still meant to be paying them?

 

Why did the judge suggest the CO?

[Chipmeister]

Bumpety bump!

[bilious]

Hi there they've done exactly the same with me, seems to be the way they operate. My court stuff is 24th this month (seems all the dj's are on their side..)

[Chipmeister]

Hi there they've done exactly the same with me, seems to be the way they operate. My court stuff is 24th this month (seems all the dj's are on their side..)

 

Bilious, I spent an hour or so last night reading through your thread and was horrified. First Fairy, Bilious' case sounds similar to yours - have a look here: http://www.consumeractiongroup.co.uk/forum/showthread.php?290433-Urgent-on-this-please-please-help!!!

 

All the best,

CM

[first FAIRY]

the original claim was issued on the 17th september 2010, i filled in the form N9A with an offer to pay of 32.00. on the 5th october i got back JUDGEMENT FOR CLAIMANT (after determination) saying they objected to my offer and that i must pay 32.00 per month starting on 5th november.i have been paying this since september. i then got a redetermination hearing for the 15th december. it was at this hearing that restons asked for the co and the judge said i should allow them to go ahead as it would not be a problem for me as i already had the ccj and that was more of a problem. since then i have had the interim charging order and that the application for the co will be heard on the 10th march.

[Chipmeister]

it was at this hearing that restons asked for the co and the judge said i should allow them to go ahead as it would not be a problem for me as i already had the ccj and that was more of a problem.

 

Oh my god!! What sort of judges do we have in this country?!

 

Have you had a chance to look at Billious' thread?

[ukaviator]

Are there any credit card charges on this account, i assume this is a credit card debt? An interim charging order is usually made automatically without a hearing and a date for a full hearing is set. A copy of the interim order will be sent to you, which in this case is March 10th. This time should be spent now doing a full income and expenditure sheet, counter claim for any charges etc...

 

The second stage is the court hearing in front of the District Judge. At this hearing the court will decide whether to make a permanent charge on the property. This is called a final charging order. If you object to a charging order being made final then you should send the creditor and the court written evidence stating why you object. You should do this at least 7 days before the hearing. This could be in a form of a letter of objection outlining all the arguments you have for why the charging order should not be made.

[first FAIRY]

Hi no thereare no charges on this account and yes it is a credit card. whats really annoying is that everything was ok until i went with a DMP in november 2009, thats when my problems really started. firstly they did not explain about the 1st 2 months being held on account then missing payments. i eventually sorted things out but MBNA did not care that it was not my fault about missing payments and sent account to restons. my other creditors who are all larger have been great and stopped interest just putting default on accounts. so when you say counter claim for charges is this for court charges aswell. they have put on least 165.00 so far in what they call costs?