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Hi there,
Although I’ve been a member for a while, this is the first time I’ve asked for help so I hope I have posted in the correct place and also that there may be someone kind enough to respond!
Back in July 2014 Restons Solicitors on behalf on ME III Limited applied for, an order for sale on our property over an outstanding credit card debt of approximately £13,000.
Luckily it didn’t go that far although they still have a charge on our house, we managed to agree to pay by instalments, they got a suspended order on the grounds that, and I quote:
The Action of the Claimant be adjourned generally with permission to restore on the terms that the defendant pays £196.82 per month.
Restons then sent us a letter setting out the terms of the installment plan and again i quote,
Your payment off £196.82 must be made to us on the same date in each calendar month until the balance due on your account is repaid in full.
We have not missed a single payment to them since then and so far have paid approx. £5,500 back.
Cut to now, out of blue we received a letter from Restons stating that they were reviewing our payment plan to ensure that it remained affordable and sustainable for us. We were told that we had to complete and return another income and expenditure statement.
They then went on to threaten that if we didn’t complete the statement then they would cancel our original agreement.
I completed an on line statement via their website which calculated we could only afford to pay them around £179 per month.
I thought, rather stupidly, that they would leave us alone and we would continue to pay them the same as the original agreement BUT no.
We have just received a letter from Reston's stating that they believe we have disclosed excessive expenses and therefore are now demanding that we pay £300 per month.
They go on to state that if we don’t make the revised £300 per month payments then they will make an application to the court to vary the instalment order in this matter and that it would incur a fee, which would be added to our judgment balance.
I’m not entirely sure what I should do now? i have read that they can apply to the court to vary the order but can they do this even though the original agreement was for us to pay £196.82 until the balance was paid in full?
Any advice would be greatly appreciated.
Although I’ve been a member for a while, this is the first time I’ve asked for help so I hope I have posted in the correct place and also that there may be someone kind enough to respond!
Back in July 2014 Restons Solicitors on behalf on ME III Limited applied for, an order for sale on our property over an outstanding credit card debt of approximately £13,000.
Luckily it didn’t go that far although they still have a charge on our house, we managed to agree to pay by instalments, they got a suspended order on the grounds that, and I quote:
The Action of the Claimant be adjourned generally with permission to restore on the terms that the defendant pays £196.82 per month.
Restons then sent us a letter setting out the terms of the installment plan and again i quote,
Your payment off £196.82 must be made to us on the same date in each calendar month until the balance due on your account is repaid in full.
We have not missed a single payment to them since then and so far have paid approx. £5,500 back.
Cut to now, out of blue we received a letter from Restons stating that they were reviewing our payment plan to ensure that it remained affordable and sustainable for us. We were told that we had to complete and return another income and expenditure statement.
They then went on to threaten that if we didn’t complete the statement then they would cancel our original agreement.
I completed an on line statement via their website which calculated we could only afford to pay them around £179 per month.
I thought, rather stupidly, that they would leave us alone and we would continue to pay them the same as the original agreement BUT no.
We have just received a letter from Reston's stating that they believe we have disclosed excessive expenses and therefore are now demanding that we pay £300 per month.
They go on to state that if we don’t make the revised £300 per month payments then they will make an application to the court to vary the instalment order in this matter and that it would incur a fee, which would be added to our judgment balance.
I’m not entirely sure what I should do now? i have read that they can apply to the court to vary the order but can they do this even though the original agreement was for us to pay £196.82 until the balance was paid in full?
Any advice would be greatly appreciated.
