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HELP!!!!! Restons won the right to appeal!!!!!!!!!


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Hi,

We have a credit card debt with MBNA that was passed to Restons last year. We ended up in court in October, they had already applied for a charging order unbeknown to us as as we were away with no knowledge of any hearing, it was granted. We got the case re heard in November and the judge threw out the charging order as in we are in negative equity and our income etc and an amount was agreed to pay monthly.

HOWEVER Restons being the W*****S that they are, argued with the judge and tried to appeal. This was turned down and so last Friday they appealed AGAIN to a higher level judge who has GRANTED their appeal!!!

 

Advice please on where we go from here, any cases we can quote at the appeal? I appreciate that if we allow the charging order they will leave us alone BUT we have other creditors who have agreed to payment arrangements and they could potentially follow suit and obviously we are very worried about loosing our home.

 

This debt is my husbands alone, not in joint names. Our home is in joint names.

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from what you say, they haven't won the appeal yet – they simply have been given permission to make an appeal.

 

You haven't said what the value of the MBNA debt is. However are there any charges involved – for late payment etc, and if so what is the value of those?

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The original debt was £8K now over £10K with all their fees for court attendances etc etc interest etc etc ! So out of order!! We were told it would be very unlikely they would get an appeal after being turned down the first time but they did, just panicking why the judge would of granted it AND whether its likely it'll be the same judge who hears the case that granted this appeal?!?!

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You still haven't told us the value of arrears charges.

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Sorry no arrears charges but the debt is now just under 10K due to all court charges. Which in fact is £860 not £2K as originally quoted i've just got figures from hubby!

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Sorry no arrears charges but the debt is now just under 10K due to all court charges. Which in fact is £860 not £2K as originally quoted i've just got figures from hubby!

 

I've yet to hear of a credit card in arrears with no charges - unless you've already claimed them back.

 

Also, did you have PPI?

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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They stopped the interest when we first got into difficulty but there obviously were interest charges up until then. NO PPI either. We have a son with special needs, should I as co-owner of the house, file a defence stating my child would suffer if we were forced to sell? Although my hubby already said this before and was told that you are NEVER forced to sell?? Somehow I doubt that!!! They (restons) are going on the fact that our house, although in neg equity now prob won't be in 10 years so the charging order is worth having!! I can't believe how a court can tell them NO to charging order, set a judgement for monthly payment, they then appeal and get refused, they then appeal to a higher level judge and get the appeal granted! What a waste of taxpayers money (we of which are 2 of those taxpayers) its a flipping joke!!!

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It would be worth checking how much the charges are as these can be claimed back with interest at the contractual rate, or could make quite a difference to the amount being claimed, so please check how much they are and come back to us about it as BankFodder has asked.

 

There's a helpful link here with lots of info on charging orders, and orders for sale, but if your house is in negative equity it would be pointless them forcing a sale as your mortgage provider would get priority. It's rare for a sale to be forced. http://www.consumeractiongroup.co.uk/forum/showthread.php?203298

 

This will be of interest too. http://news.bbc.co.uk/1/hi/business/8500379.stm

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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