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Hi, I have been paying Restons £25 a month for ages against a credit card debt of about £5,000. I have now received a letter saying that they are applying for a charging order, what should I do next, I had returned and I & E form to them and offered to increase my payments to £30. I have a joint mortgage and am retired so they can't ask for an earnings attachment. Any help would be much appreciated.
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Re: Restons - Charging Order
Do they already have a CCJ against you?
If it's a joint mortgage & a sole debt they cannot add a charge. They get a restriction instead. Basically means you have to pay before remortgage / house sale.
ps Hi & welcome to AAD
I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk -
I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.ukComment
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Re: Restons - Charging Order
No they haven't. The letter states ' they are to issue proceedings and to apply to secure the debt against your interest in your property by way of a charging order'Comment
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Re: Restons - Charging Order
If they get a restriction put on the house does that show up as a CCJ? Really appreciate your help and reply to my thread
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Re: Restons - Charging Order
Ok well don't worry. Have you ever sent a CCA request? If not send one ASAP. Like tmw - send to the dca aka whoever Restons call their client (or if none send to Restons direct) - and remember the £1 fee.Originally posted by MellyJ View Post
You must send it ASAP registered post as it will help us to help you stop getting a ccj if they issue a claim. Restons are bullies and will issue so the CCA request is urgent.
--> http://forums.all-about-debt.co.uk/s...l=1#post495038I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.ukComment
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Re: Restons - Charging Order
They'll issue a claim and IF you didn't defend it and IF they got judgment they'd have a ccj and they'd follow it straight up with a charging order.Originally posted by MellyJ View PostIf they get a restriction put on the house does that show up as a CCJ? Really appreciate your help and reply to my thread
However, you've found us so don't worry. Send the s.78 request off ASAP though. If there is no dca then send it to Restons (get proof of postage / signed for service).I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.ukComment
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Re: Restons - Charging Order
ps your welcome thread -> http://forums.all-about-debt.co.uk/s...come-to-MellyJI'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!
If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.ukComment
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Re: Restons - Charging Order
Welcome to AAD. As you have been told, send your CCA request off asap. Restons play games and have been known to bend the rules. You cannot have a charging order without a judgement in court. If you follow the help you are given on AAD you will be in a position to fight this and not gain a judgement. Check this thread regularly and post any updates before you do anything.
Good luckI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: Restons - Charging Order
Just want to wish you good luck MellyJ. You're in the right place for help.Let your smile change the world but don't let the world change your smile
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: Restons - Charging Order
Thanks I'll do it asap and let you know what happens. It's great having your advice and support. Makes me feel much betterComment
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Re: Restons - Charging Order
All the very best with your journey xxif you do it today and you like it you can always do it again tomorrow
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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Re: Restons - Charging Order
Thank you, dealing with Reston's I feel I might need it!Comment
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Re: Restons - Charging Order
They have a long way to go before they can put a restriction on your property. They would need to obtain Judgment first.Legal Disclaimer
I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.
If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.Comment
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Re: Restons - Charging Order
I sent the CCA request off today, recorded delivery to Arrow Global who Restons are representing, I also sent a copy to Restons just to be sure. I'll let you know when I hear anything. You guys are great!Comment
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