Reston's have a CO, now they want me to inc my installment order?!

[sparklyfairy]

Hi all,

 

Back at the end of last Nov Reston's were granted a charging order on my home. I had my installment order set by the dj at what the CCJ was - £1 pcm. I have just recv'd an I & E form from Restons asking for me to review the current arrangement & increase my monthly payments. They already have a ruddy CO for over £10k (well, Restriction ). I am just so annoyed! Can they persue me for more installment money through the courts? My finances are worse than in Nov due to rising petrol, food, etc. Any help is grately appreciated!

[AndyOrch]

They could apply for a further redetermination but it would cost them. Ignore for now.

 

Andy

[Ganymede]

They could apply for a further redetermination but it would cost them. Ignore for now.

 

Andy

 

 

This.

 

I imagine it will as it will take you over 800 years to repay a £1 pcm.

[sparklyfairy]

Thanks Andy.

 

Gany - I don't understand your post. Yes, it will take over 10,500 mnths but that's not the point. They were ALREADY granted a charging order & DJ agreed to my installments being set at £1.

 

Can anyone tell me if this is a rare thing for a creditor to do? I was under the assumption that charging orders just sit there while you make the installments set until the time comes to sell...

Edited July 5, 2011 by sparklyfairy

[AndyOrch]

Its not rare but it is invariably the greedy ones that make them.Your comments are correct on COs

 

Andy

[Ganymede]

Thanks Andy.

 

Gany - I don't understand your post. Yes, it will take over 10,500 mnths but that's not the point. They were ALREADY granted a charging order & DJ agreed to my installments being set at £1.

 

Can anyone tell me if this is a rare thing for a creditor to do? I was under the assumption that charging orders just sit there while you make the installments set until the time comes to sell...

 

 

Maths was never my strong point.

 

Yes in the vast majority of cases a CO will sit on the property whilst you make payments and no Order for Sale will be applied for by the Claimant.

 

However if the debt is very large and will, for example, take thousands of years to repay it is not uncommon for the Claimant to return to Court to request a variation in the set instalment rate.

 

Sorry if my earlier post was unclear.

[eggboxy1]

sparkly

 

It's just further intimidation to get you to pay more.

 

Ignore them and they will stop contacting you (was it a Mr Bell by any chance)

[sparklyfairy]

Hiya Egg!

 

Yes, I plan on ignoring this & filing it safely away in my bin! I have read in a thread on Legal seagulls that they try this after a certain amount of time, the person who received it on LB confirmed to me they DIDN'T increase their payments & Reston's took no further action (their letter from Reston's was from 2007 btw)..from the sound of it our letters were almost identical - even offering me a "specially discounted settlement figure" - whatever! If they want an increase they'll have to apply for a redetermination. Hope this info helps anyone who gets something similar - I'll try to (remember to ) update this thread with any news on this front.

 

Oh, the letter is from Mr Woof - I've never spoken to him but I have read he is one of the nicer ones (?) but Miss Tipping has quite the reputation for being absolutely vile...

[eggboxy1]

Hi sparkly

 

At the end of the day it's a numbers game to them so they are going to try with everyone and they, most likely, do scare enough people into paying up more. But sit tight and you will see they go away.

 

And, yes Miss Tipping, has a certain reputation but they can only be as "vile" as you let them. If they are ignored it's difficult for them to be that way.

 

And Mr Woof? You gotta be joking

[AndyOrch]

Dont bin it Sparkly save safely, but still ignore.

 

Andy

[sparklyfairy]

Ok, thanks guys - I've filed it away with the rest of my Reston's saga...!

[lessmoney]

Hi all

 

We have had a letter today a threatogram in the form of you have 7 days to respond to our letter and fill out an income/ expense form for there client from Restons. They have a CCJ on my name and also have a charging order in place (restriction) on my home. Yes I do agree this must be a case to get more money from you.

However I will stick to the court order to pay what the district Judge has set. I will be 126 years old when the last payment is made if we live that long?.

[dx100uk]

Hi all

 

We have had a letter today a threatogram in the form of you have 7 days to respond to our letter and fill out an income/ expense form for there client from Restons. They have a CCJ on my name and also have a charging order in place (restriction) on my home. Yes I do agree this must be a case to get more money from you.

However I will stick to the court order to pay what the district Judge has set. I will be 126 years old when the last payment is made if we live that long?.

 

this thread is from 2011

 

you need to go start a new thread

of your own

 

you wont get seen here and its not your thread either

 

dx

[eggboxy1]

Ignore it.

 

For anybody in the same position you may well find Restons now sending these "threatograms" out as (on another site) we have now managed to locate Solicitors who are happy to follow the rules of a Form K Restriction upon the sale of property.

 

That action is to make clear to all parties that only notification, to the Restriction holder, is required when a sale takes place. Explaining that there is no requirement (within the terms of the Restrictions) to settle the any debt when the sale takes place.

 

Because of this, Restons (and other bottom feeders) are no longer getting paid as they used to be. Hence, they may be twitching a bit and starting to try and pull in repayments by other means before people actually cotton on in large numbers they can do this?

Edited November 19, 2016 by honeybee13
Removing suggestion of sending PM.

[honeybee13]

Hello eggboxy.

 

I have had to remove your suggestion about recommending solicitors as this is against site rules.

 

HB

[eggboxy1]

Ok, let's say anyone wanting to know how to sell without making payment PM me?

[honeybee13]

Ok, let's say anyone wanting to know how to sell without making payment PM me?

 

eggboxy, you could just tell people what to do on the thread and without naming solicitors. Advice by PM isn't necessary, everything should be subject to public scrutiny for fairness to all.

 

HB

Edited November 19, 2016 by honeybee13
Duplication.

[eggboxy1]

Honeybee

 

Its been well documented on here (and other sites) for many years as to why there is no requirement to pay any proceeds of a sale to Form K Restriction holders upon sale. That's not the mystery?

 

The stumbling block has been convincing Conveyancer's/Solicitors to follow these instructions instructions upon sale. This is because so many Solicitors are unaware of the difference between a Charging order made on jointly owned and solely owned property.

 

But the difference now is that there are a couple of firms of Solicitors who have acted for sellers as they wish upon sale (one being Sparklyfairy who posted on this thread.) So the only way to explain how sellers are able to achieve this is to name the firms concerned willing to help.

 

Its not a matter of recommendation, more factual informing who they are? There has, also, been no problem relating this information (by PM) on other sits so I'm unsure what the problem here?

[honeybee13]

I think CAG site rule 3.5 applies, EB.

 

HB

[eggboxy1]

Some of the 3.5 rules could be construed as "recommendation" if you were unable to understand what I explained about there being no mystery to how a sale is achieved and what the missing link to achieving that sale is? Its informing who can act as you want not recommending?

 

Sadly, this point seems lost and quoting rules just seems to smack more of self protectionism than actually wanting to helping posters?

 

Not sure I understand why this stance prevails (given other sites have not intervened) but its not difficult to circumvent?

[dx100uk]

TBH what you are stating is pretty much common knowledge now

and the solicitors just need to be TOLD that's what the client wants

aftera ll the client is PAYING them to do their wishes.

[eggboxy1]

As I explained, the information is common knowledge and has been for several years. I also agree with your the "client is paying" stance.

 

But your comment misses the real world fact that Solicitors have been point blank refusing to act on their clients wishes in this area. They simply refuse and state the creditor "has" to be repaid?

 

Sparklyfairy (a contributor to this thread in 2011) is also a fellow contributor elsewhere; she (and dozens of other posters) have been searching for a Solicitor to act on their wishes since that time.

 

 

In September of this year a firm of Solicitors agreed to act as she wanted for her sale and she sold successfully.

 

All that is being offered to posters of CAG is the same opportunity to acquire the information of who Sparkly used? If the moderators of this thread feel that is a step too far then its your posters who lose out?