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The weight of a varation order against a charging order

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Hi everyone...I would like some thoughts on the weight of a variation order granted by the courts....I have a debt (MBNA £7200) passed on/sold around to the point Restons/Arrow got hold of it and they went for CCJ to which I went to court (Restons did not represent btw) and the judge awarded a variation order of £40 pm as I have 3 other debts which have been paid since early 2008 without any hassle. Now, the variation order was granted on the 2nd Jan, Restons have gone for a Intermin Charging Order (which I am fully opposing due to my good payment history) dated 11th Feb with the final hearing on 25th April. So, am I right that the CO cannot be made final due to the variation order being made before the intermin CO?

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I have had a look at the changes to charging orders and as this is after the changes they they can pursue it but having had the variation order granted (and the judge did say they - Restons - would have to jump through hoops to get a charging order) the fact is that in Rule 10 of JUDGMENTS AND ORDERS (b) require the judgment creditor to notify the court in writing, within 14 days of service of notification upon him, giving his reasons for any objection he may have to the granting of the application. Now, Restons have accepted the varation order as they did state - once we get the final charging order we will accept payments and even sent me details of where to make payments of whcih I have kept up. This is a load of tosh as they are ruthless and will go for it.

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I had a CCJ payin only small amount for years NEVER MISSED ONE PAYMENT! DCA took me back to court last year for variation order and a CO, was granted in AUGUST last year, even though DCA admitted I had never missed payment and I had quoted case laws that a CO could not be granted were payments never been missed and the fact that this was before the law changed in October last year, did not make one blind bit of difference to the Judge, still awarded the CO:-x and believe me I fought my corner tooth and nail plus ended up with costs as well!

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  • 4 weeks later...

An update on this...Well, went to court, Restons appointed Solicitor turns up, wanted to chat but told him where to go. I tried all the known facts/points in stopping this charging order (other creditors, payment history, Mercantile Credit vs Ellis, CAB involvement etc etc) going through but the judge did not even discuss or take into consideration any of these as the overriding factor was clear.... the changes to Charging Orders back in Oct 2012 have opened the flood gates to DCAs to go for it and I had not one bit of a chance like many a person on here!

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