HFC issued court proceedings - Restons Collection Charge removed

[fuzzybrain]

Re: HFC issued court proceedings

Will do - i have swine flu at the moment, so am going to wait until my head is clearr before I tackle this any further.

If I draft a letter to Restons woul it be ok to post up to check through before I send it?

[Tools]

Re: HFC issued court proceedings

Swine flu must be affecting your memory too, my last post said to post up 1st for checking

[fuzzybrain]

Re: HFC issued court proceedings

Please coudl i ask for adivce (yet again!!) Is this ok to send restons??

Thank you for the forms you recently sent I regards to the voluntary Charging Order against my home in respect of discontinuing the court proceedings against me and also agreeing the removal of the collection charge and not adding any further interest or charges onto the account,

Before I sign these forms and return them to you, I would like you to provide a Tomlin Order that states you agree to the following

Discontinue the court proceedings against me
Removal the collection charge
No further interest or charges will be added to the account
You agree to monthly payments of £150 until the debt is cleared (subject to annual reviews of my financial situation by Pay Plan

Once this has been done and filed with the court I will sign and send back the papers in regards to the Charging Order

[Tools]

Re: HFC issued court proceedings

I thank you for your letter dated xx/xx/xxxx the contents of which I note.

I have studied the documents you enclosed and upon taking further advice I am willing to complete and return these to you on the conditions set out below.

I now require you to draft a Tomlin Order for agreement that confirms:-

• The collection charge of £xxxx will be removed from the outstanding balance
• No further interest or charges will be applied to the account.
• Notice of discontinuance will be sent to the court in respect of claim number xxxxxxxxxxx
• Repayments to the account are agreed at a rate of £150 per month and are subject to annual review.
• A voluntary Charging Order be placed on my property, namely 123 Anywhere Street, Anywhere, Anywhereshire.
  

Once I receive this and it has been submitted to court I will return the completed forms and continue my repayments.

I trust that this meets to your satisfaction and will be implemented without delay.

[fuzzybrain]

Re: HFC issued court proceedings

Thanks so much Tools - will get the letter sent 1st class recorded tomorrow and will let you know what they reply with.

Thanks once again - its very much appreciated indeed.

[fuzzybrain]

Re: HFC issued court proceedings

In the post today i received notification from the court. It says

District Judge Hicks has considered the statements of case and allocation questionnaires submitted in this claim and has decided that a hearing is necessay before a final decision about allocation can be made.

DJ Hicks orders you to attend at 14;00 on the 3rd November 2009 at Thanet local court.

Firstly does the above mean that the judge hasn't decided whether this is small claim or not, is this a good thing???? Do I have to do anything???

I haven't seen a copy of the Restons AQ, but they told me they had asked for a stay so the voluntary charging order can be sorted but either they didn't or the judge has decided not to grant the stay.

Because of the latest development should I continue along the court route and forget about the vol CO, as it seems that Restons aren't being 100% truthfully with me......

[Tools]

Re: HFC issued court proceedings

The hearing isn't until November so do not worry about that just now.

Continue to communicate with Restons. Did you send off that letter to them?

If all is agreed between you and Restons before the November hearing then the Judge should not continue with the case anyway, as long as you get that Tomlin Order into court.

As ever, do not rely on Restons to tell the truth, get everything in writing so if needs be you can show it to the Judge at the hearing.

[fuzzybrain]

Re: HFC issued court proceedings

Yes have sent the letter to restons, just awaiting their reply.

So its a case of sit and twiddle my thumbs until Restons reply????

[Tools]

Re: HFC issued court proceedings

Yyyyyyyyyyyyyepp, 'fraid so.

[fuzzybrain]

Re: HFC issued court proceedings

Have had a response from Restons

We are prepared to agree to your proposed terms of settlement save that in the event the court grants a concent order in a "tomlin" form there would be no need for a formal notice of discontinuance. Indeed we would wish to enter a clause in the consent order that if there was any default in the agreed instalments then the claimant would be entitled to apply to the court for s judgement in default of the consent order.

In addition the proposed consent order this would also be conditional upon the land registry approving the registration og a voluntary charge as you may be aware there is no guarantee as yet that all parties will consent to the application to endable the charge to be registered.

I have to confess that this is completely over my head and i don't understand a word of it. perhaps it would be best if i jsut stated that i wouold prefer to get the judge to decide on things????

[Amethyst]

Re: HFC issued court proceedings

Have had a response from Restons

We are prepared to agree to your proposed terms of settlement save that in the event the court grants a concent order in a "tomlin" form there would be no need for a formal notice of discontinuance. Indeed we would wish to enter a clause in the consent order that if there was any default in the agreed instalments then the claimant would be entitled to apply to the court for s judgement in default of the consent order.

In addition the proposed consent order this would also be conditional upon the land registry approving the registration og a voluntary charge as you may be aware there is no guarantee as yet that all parties will consent to the application to endable the charge to be registered.

I have to confess that this is completely over my head and i don't understand a word of it. perhaps it would be best if i jsut stated that i wouold prefer to get the judge to decide on things????

Basically if there is a consent order there is no discontinuance of a claim, thats the point of it and it means the case is just on hold for as long as both parties keep to their side of the bargain.

They want to add a clause that if you stop paying they can apply to court to reopen case and gain formal judgment against you, after which they could apply for sale order based on the voluntary charge.

[fuzzybrain]

Re: HFC issued court proceedings

So what should I do - sign the papers and send them back or let the judge decide on the 3rd November?

[Amethyst]

Re: HFC issued court proceedings

Entirely up to you.

same end result really but no CCJ the voluntary CCJ route.

• Repayments to the account are agreed at a rate of £150 per month and are subject to annual review.

you miss a payment they will get a CCJ and possibly try for a sale order.

Only thing different with court is you'd have a CCJ, an installment order of £150, probably a Charge order although that depends on Judge as some don't like granting charge orders until first default in installment payments - but then he could be an ******** and give you a forthwith order....so at least you are in control the voluntary CO route until you miss a payment.

I'd go with the vol CO, re draft to include their request and return to them, post a draft on here first.

[fuzzybrain]

Re: HFC issued court proceedings

Ok, have a "slight" issue now!!

Hubby and I had a discussion and he has decided that he will not sign the charge forms as he doesn't like the idea of a charging order. he feels all of this is way over his head and he is agreeing to something he doesn't fully understand and doesn't wish to put his home at risk.

He wants me to continue along the court path and get a payment order made by a judge instead, he feels better protected that way.

If he refuses to sign what can I do? Should I write to restons and say that my hubby will not consent to a charging order?

[Tools]

Re: HFC issued court proceedings

It is almost inevitable that a Judge would grant a charging order against your property if Restons/HFC asked for one, again this is inevitable.

You cannot force your OH to voluntarily sign the forms, however, if the court grant one he has very little option.

You have to do what you both feel comfortable with and agree on, arguing between yourselves is not worth it.

An order issued by the Judge would give you more protection, as would a consent order sealed by the Judge.

The original advice from Ame was to let this progress through the courts, it is only yourself that has introduced the idea of it being voluntary, the advice given following this was to assist you in doing so correctly.

My own personal opinion would be to continue this in court, the issue of you raising the idea of a CO being given voluntarily has only served to complicate matters for you, Restons/HFC, the court and to the advice offered here.

Whichever you decide you will still receive advice on here to the best of everyones ability.