Restons CCJ/CO MBNA debt - keep sending I+E forms wanting more.

[aburobert]

I have had a charging order on a joint owned property in which I live for several years now

i have been paying the court ordered amount of £10 per month without fail.

 

The solicitors (the infamous Restons) keep sending me every six months or so income and expenditure forms to fill in.

 

In the past I have simply sent them a copy of my P60.

 

Am I correct in thinking I am under no obligation to provide them with anything

and that only a court can order an increase or decrease in what I am paying them?

 

Or am I being delusional and should provide them with the information they seek?

 

There is the likelihood if it does do back to a court then the monthly amount would be cut

as my income is only a very small pension and I only meet my financial obligations with the assistance of my wife.

 

Should this be referred to a court who pays the fees in such a case

- if me then it is probably in my best interest to give this information however annoying it might be?

 

All advice and comments welcomed.

[dx100uk]

tell rectums to bugger and off

 

you are correct

 

about the third one of these recently.

 

tell us all about the debt and the CCJ##what is it#etc etc##and did you contest the claimform?

 

dx

[aburobert]

Thanks for the reply.

 

The case in question is on a very long (and fairly old) thread on here under another user name.

 

 

The infamous solicitors knew I was the author of the other thread hence the new user name which I prefer them not to know about.

 

The original case went the whole way and I, unfortunately, got a District Judge who thought the banks (and the equally famous Miss Tipping)

could do no wrong and that if I borrowed the money then I had to repay it despite various 'technicalities'.

 

I was suffering severe ill health at the time - in and out of hospital and having no funds could not appeal.

In the end the Charging Order was obtained and the court ordered £10 per month which I have religiously maintained.

 

At the present time I am being offered undefined settlement terms which I will only discover if I call the solicitors.

So far I have not done this as it is all 'pie in the sky' as I have no reserve funds available.

[dx100uk]

reclaiming?

 

 

dx

[aburobert]

There is actually very little I could reclaim - I think 3 payments of £12 (plus interest) unless I can reclaim the huge hike in interest rates imposed from when I told them I could not maintain the payments any more due to my hospitalisation to the date of default being registered.

[dx100uk]

ok just checking

 

 

well i'll leave you with the pleasure telling restons to do one then......

 

 

 

 

dx

[aburobert]

Thanks DX - I appreciate you taking the time to address my concerns.

 

I'm just going to ignore Reston's and see what they do. I'm half hoping they will go back to Court as it will backfire on them as my income is is tiny compared to what it was when they actually got the charging order so the amount paid each month would drop.

 

I'm not sure if my wife would agree though! Just the thought of court again gives her the heebie jeebies!

Edited February 14, 2015 by aburobert
Spelling

[dx100uk]

I take it this was a joint account then

as its a CO not a restriction? or is the house only in your name?

 

 

dx

[Guest]

when was the instalment order?

after a certain date, note that if there is no default in an inst order, then there can be no order for sale. added security

no need to send them anything,just stick to the inst order.

[aburobert]

Thanks for the two replies.

 

The original debt is in my name only. The house is jointly owned so is probably a restriction.

 

I actually have no problem paying the £10 until I peg out but I am getting fed up with the continual letters asking for I & E forms to be filled in and the usual string of phone calls which I refuse to engage with - simply putting the phone down as soon as I know who is calling or ask me to go through 'security' questions.

[dx100uk]

send them back a copy of the lodgement with the judges judgement highlight

and tell them if you get one more demand to pay more than the order

or one more I&E form

 

 

you'll contact the court to complain.

 

 

dx

[aburobert]

Thanks again DX.

 

All I get are I & E forms sent with a covering letter stating that the original debt owner (MBNA)

wish to assess my ability to pay (or something very similar) and an offer to settle at a discounted rate which is not specified.

 

 

There has not been a demand as such to increase my payments

- but you can bet your bottom dollar if I did show I had any kind of disposable income they would be back at court to try

and increase my payments quicker than Ussain Bolt does the 100 metres.

 

 

I refuse to have anything to do with them over the phone so their only means of communicating is by letter

and I'm now even going to ignore them and just keep paying the £10.

 

If they do go to Court is it a 'Determination hearing' and do the costs get whacked onto what I already owe

or can I challenge them over costs of such an action by declaring as my income is so low they were lucky to still be getting the £10?

 

 

All payments have been made through my wife's bank account as I have no bank account of any kind.

[dx100uk]

I bet it was not mbna/restons that took you you court?

 

 

dx

[aburobert]

Unfortunately it was - they sent a barrister up from London to my local County Court

and the female District Judge simply drooled over him during the hearing in which I was trampled on left, right and centre.

 

First she told me she was sticking come what may to the time allocated for the hearing,

then she had not read my Witness Statement that I had submitted to the Court over a week ago

(I had a spare which she skimmed commenting my case was based purely on technicalities),

 

was told I could not challenge MBNA's version of events - a statement by Miss Tipping.

 

I could not introduce any case law not in my Witness Statement to refute what MBNA's Barrister was declaring.

They also misquoted some case law which I was refused to challenge despite having a copy available to point out their error.

 

My hearing was a travesty to put it mildly - there was nothing really I could do

- the following day I was having major surgery (a laparotomy)

- had absolutely no funds to appeal and couldn't do so even now.

 

In all I spent the next six weeks in hospital - half in intensive care.

 

So when I got out I was in no fit state to chase anything.

 

At least the barrister was sympathetic and commented he wished he had a DJ like that one every time!

 

Anyway that's all in the past and so long as Reston's/MBNA can't turn the screw any more I shall be happy to two-finger them all the way.

[mmfhater]

Sounds just like my court case with restons

[aburobert]

I'm sorry to hear you got clobbered too. It just reinforces my opinion 'justice' (if you can even call it that) is simply for the rich.

 

A novice like myself had to come up against a barrister and a judge who was prejudiced before the case even started. I had the feeling (probably correct) that the esteemed DJ placed more value on a dog turd than she did with myself. Whether I was just unlucky or not I do not know but, in my opinion, our system is rotten if it is such a lottery to get a sympathetic - no neutral - hearing based on the evidence presented not on someones biases and prejudices.

[Old Cogger]

Sounds like the DJ woman at Torbay who insisted Royal Mail delivers on a Sunday etc etc etc and the rest you state in your para of events same happened twice now with the same DJ

[mmfhater]

I'm sorry to hear you got clobbered too. It just reinforces my opinion 'justice' (if you can even call it that) is simply for the rich.

 

A novice like myself had to come up against a barrister and a judge who was prejudiced before the case even started. I had the feeling (probably correct) that the esteemed DJ placed more value on a dog turd than she did with myself. Whether I was just unlucky or not I do not know but, in my opinion, our system is rotten if it is such a lottery to get a sympathetic - no neutral - hearing based on the evidence presented not on someones biases and prejudices.

 

Yes exactly the same as me but I had a male dj

I even printed off case laws and he wouldn't look at them

I think some of these judges must have shares in restons

[renegadeimp]

Nah they're just judges who don't deal in consumer law or who are stuck up and think all debtors are evading debt.

[Old Cogger]

Nah they're just judges who don't deal in consumer law or who are stuck up and think all debtors are evading debt.

 

 

sums it up

[aburobert]

Personally I think it is more of a class thing. How many judges are there that hail from a working class background or have any inkling of what life is like at the bottom of the pile.

 

Most are from Middle/Upper Class comfortable backgrounds with all the disdain shown by many of these people for those less well off than themselves. My case took place before all the furore over the rip off and often blatantly illegal tactics of the banks in their financial affairs which almost brought down the major western economies. My DJ literally believed the banks could do no wrong and their Witness Statement was gold plated unassailable fact that could not be challenged. Makes me wonder if she would have the same attitude today.