Restons have applied for an Order for Sale, can anyone help please?

[sweetgirlheidi]

Hi there, i really need some help with this, i'm not very good at explaining it in short so apologise in advance but here goes:

 

Partner had credit card in sole name with MBNA around 2003/4 approx. £10,000 balance.

 

MBNA kept on adding late payment charges and then interest at extortionate rates so fell behind with payments, they then instructed Restons to act on there behalf.

 

Feb 2009, after being hounded by Restons, i sent them on behalf of my partner a CCA request unsigned with £1 cheque enclosed.

 

Restons replied stating that they were not the creditors and that the format i had used was widely available on the internet and it couldn't possible be a genuine request as it was unsigned and therefore they would not accept it, on the very same day received another letter from them offering a reduced final settlement.

 

March 09, sent CCA request directly to MBNA same as above.

 

March 09, received a "Judgement for Claimant" (in default) from Northampton County Court, then about a week later received a notice which literally said that the claim had been transferred to Edmonton County Court for enforcement.

 

April 09, sent the no response CCA request to MBNA direct as we hadn't heard anything from them since sending the first one.

 

May 2009, MBNA sent a blank unsigned photocopy of T&C's with a covering letter saying they were pleased to enclose a copy of your most recent T&C's and then goes on to say they we shouldn't forget the other fantastic benefits of the account!

 

April 09, i receive addressed only to me a B136 (CO) notice even though its a joint mortgaged property.

 

July 09, Restons send both myself and my partner a copy of Interim Charging Order, it read as if there wasn't anything we could do about it even if we did attend court on the day, my copy even stated that i shouldn't even acknowledge receipt of the application.

 

Aug 09, my partner received a Final Charging Order stating that we were not aloud to sell our property until we had discharged our liability to the claimant and that they may apply for an order of possession.

 

and that takes us up to the present day when out of the blue we both individually receive a notice of a claim for an Order for Sale from Restons BUT its on behalf of ME111 Ltd and not MBNA, its dated 15th May 2014.

 

The bundle contains letters they are claiming to have sent us after the final charging order but with which we have never received, and to make matters worse has been compiled by a trainee solicitor who comments that she believes this is the only way to make us pay.

 

I really need some advise as to how and even if we are able to defend this as i'm absolutely petrified that we are going to lose our house and i have no idea how to even start completing the defence response so if anyone can help it would be greatly appreciated.

[Andyorch]

Hi sweetgirlheidi

 

lets role back to :-

 

"March 09, received a "Judgement for Claimant" (in default) from Northampton county court, then about a week later received a notice which literally said that the claim had been transferred to Edmonton County Court for enforcement."

 

Did you receive the claim? Did you defend the claim?

 

You dont defend a Charging Order,but you can fight a Order for Sale as its a single debt on a joint mortgage which is only a restriction on 50% of the house equity.

 

P.S ME111 is 1 part of the Marlin Debt Collection Companies ..I state 1 as there are around 20 others.

 

Regards

 

Andy

[sweetgirlheidi]

Hi Andy thank you for your speedy response,

 

I don't recall receiving anything in relation to the claim so therefore couldn't defend it. I will fight this one all the way though its just i'm panicking as i don't even know which option to select on the Acknowledgement of Service, section B or section D?

 

The latter seems like the right one to me as at no point have Restons or MBNA followed any sort of lawful process they have never produced a signed credit agreement despite being asked for on numerous occasions , but then again i'm thinking i really cant risk losing my home so should i choose section B and offer to pay something by way of instalment, but then again this probably wont be exceptable as it stated in the charging order that The judgement order did not provide for payment by instalments?

 

Thank you again for responding

 

Heidi

[Ganymede]

Hi can I ask a few questions please:-

 

How much is this debt?

 

Why do you dispute owing the balance?

 

Is there any equity in the property?

 

Do you have any children or vulnerable adults living in your home?

 

Have you ever offered payment by instalments since the CCJ was issued?

 

 

Thanks.

[Andyorch]

" as I don't even know which option to select on the Acknowledgement of Service, section B or section D? "

 

What form is that heidi ?

 

Andy

[sweetgirlheidi]

Hi Andy

The form is an N210 Acknowledgement of Service (CPR Part 8) (3.01)

I think this is the form which i only have 14 days to return?

[Andyorch]

Okay so its a Part 8 claim acknowledgement .....this the form?

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n210-eng.pdf

[sweetgirlheidi]

Hi can I ask a few questions please:-

 

How much is this debt? After all the charges that have been added to it £12500

 

Why do you dispute owing the balance? The dispute dates back to 2004/5 when we originally asked for the CCA which to this day still has not been provided.

 

Is there any equity in the property? Yes, approx £50,000 but we had a legal contact drawn up at the start of our mortgage which states that if we sell the property then i get 80% and my partner gets 20% of any profit made but that probably takes effective after any debts attached to property are paid?

 

Do you have any children or vulnerable adults living in your home? Yes, a 16 year old daughter

 

Have you ever offered payment by instalments since the CCJ was issued? No as it stated on the final order that the judgement order did not provide for monthly instalments and therefore i stupidly thought that since they had a charge on my house that would be it, i now realise how stupid i am.

 

 

Thank you for taking the time to reply to my plea it is and will continue to be greatly appreciated.

[sweetgirlheidi]

Yes that's it, is this the form i only have 14 days to return? Sorry if this sounds a bit dumb but i'm really struggling with what to actually write and as i said before which option i should select?

I must also apologise for the fact that i'm not great at explaining myself very well!

[Andyorch]

If the judgment was awarded March 09 Im confused as to why you are required to acknowledge the claim now...you state you never recieved the original claim of 09 so never defended?

[sweetgirlheidi]

A charging order was placed on the property in 09, the are now claiming that as the debt has been transferred to ME111 Ltd Restons are saying that the only way to recover monies owed to there client is by forcing us to sell our home?

[Andyorch]

Okay sorry got sidetracked.......when did you receive N210 and what are the particulars of the part 8 claim?

[sweetgirlheidi]

Received N210 together with a claim form (CPR part 8) and a Notice of Hearing on 17th May, The N210 doesn't have a date on it, the Claim Form (CPR Part 8) has an issue date of 6.5.14 and the Notice of Hearing has a date of 15th May?

 

Claim Form (CPR Part 8) has both myself and my partner listed as the defendants and goes on to state:

 

Details of claim

The Claimant applies for:

 

1. An Order for Sale of the property situate and known as xxxxxxxxxxxx being property subject to Final Charging Orders dated:10/08/2009 and made pursuant to a claim in the Edmonton County Court under xxxxxxxxx and

 

2. Such other relief as the court may deem just.

The legal basis for the claim:

This claim is being made under section 14 and 15 of the Trusts of Land and appointment of Trustees Act 1996.

The defendants have failed to pay the debt secured by the Charging Order.

It is just and equitable that such an order for sale should be made.

Written evidence in respect of other materials is contained in the Witness Statement of Miss xxxxxx annexed hereto.

 

There is then a bundle containing witness statements and copies of letters that Restons are saying have been sent to us over the years but of which we have never received.

[Andyorch]

Right with you ...so you will complete the AoS and strenuously object...amongst numerous reasons one being that he solicitor has never communicated or requested payment.That the order is being sought because its reaching its 6th anniversary...They want to make your child homesless for the sake of a 12k Debt.....IM sure we can come up with plenty of more:wink:

 

 

I would also submit the N245 now to formally arrange a payment plan so you have it in process before any hearing.

 

Regards

 

Andy

[sweetgirlheidi]

Ok ill get straight on it now, sorry to be a pain but what is and where do i get an N245?, and also do you know what date the acknowledgement has to be back by?

 

Thank you for taking the time out to help me i do appreciate it very much.

 

Heidi

[Andyorch]

19 days from the date of the PT8 claim...and here is the N245.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order