Restons Solicitors and CCJ Claim

**Amethyst** · 23rd October 2015, 14:47:PM

Re: Restons Solicitors and CCJ Claim

Hi Fluffy xx

Yes to get a charging order they need to obtain a CCJ first.

Can you tell us a bit about the original debt. Is it a credit card/loan ? How much approx is it for ? When was it last paid ? when was it originally opened ?

Have you acknowledged the claim online at MCOL ? (if not do as you need to do that within 14 days - just tick intend to defend in full - your defence will come later on )

**FlamingParrot** · 23rd October 2015, 14:53:PM

Re: Restons Solicitors and CCJ Claim

Originally posted by fluffyblue72 View Post

Hi - Sorry am new to this so please bear with me. I have been taking control of my finances for many months now with various payment plans being put in place. The majority of my creditors have been really good accepting payment plans etc. However 2 accounts have been passed to Restons on behalf of Marlin/Cabot. I have been backwards and forwards sending in documents/revised offers etc and on one have managed to get them to accept the offer.

However on the other one I have been well and truly led up the garden path. One 14th October they sent me a letter stating they were sorry we were in financial difficulty but they would be going for a Charging Order on the house.

Hi and welcome

They can't just 'go for a charging order', they can only be obtained once they've obtained a CCJ.

Originally posted by fluffyblue72 View Post

I called them on 15th to talk to them about it and they agreed to put the case on hold until 21st with a view to getting a revised offer.

What I didnt realise was that one account was mine and one my husbands and they were only referring to mine, thereforethey went ahead and issued court proceedings against my husband on 14th the date they sent the first letter telling us they were going ahead with it. I have spoken to various people at Restons had the phone calls reviewed (however they could tell me anything)

From now on, avoid talking to them, keep everything in writing.

Originally posted by fluffyblue72 View Post

and they have said that there is no case to answer and proceedings will go ahead. At no stage did they tell me that a Charging Order involved a CCJ I had to research this myself. Our home is in negative equity and we already have a charging order (which is years old and I pay).

Yes, a charging order requires a CCJ, however, there can be more than one on a property.

Originally posted by fluffyblue72 View Post

Can anybody give me more advice than already -
Thank you

It would be useful if you could tell us a bit more about what this account refers to in the first place and type up the particulars of the claim. :typing:

Originally posted by fluffyblue72 View Post

I have defended the claim with all names/dates of whom I have spoken to at Restons?

Can you please clarify, have you acknowledged service of the claim and said you would defend the whole claim? Or have you already submitted a defence? :confused2:

**fluffyblue72** · 23rd October 2015, 14:57:PM

Re: Restons Solicitors and CCJ Claim

Hi there.

The original debt was a catalogue debt £843.72 - Assigned to claimant (ME111 Limited) I presume Marlin Financial on March 13 2015 - original debt April 2013
I have submitted the defence - guess ive done the wrong thing??

**Amethyst** · 23rd October 2015, 14:59:PM

Re: Restons Solicitors and CCJ Claim

Can you post up what you entered as a defence please xxx

**fluffyblue72** · 23rd October 2015, 15:04:PM

Re: Restons Solicitors and CCJ Claim

Hi the claim is against my husband so this reads as if its from him -

I have spoken with various people at Restons and responded to all
financial information requested. Letters from September, October
5th and october 14th. I fully complied with all request for
information including supporting documentation. Offers of payment
were made - pro rata - according to our income and expenditure,
namely a payment of £4.97 for a balance of £873.00. I appreciate
the offer was low but based on the pro rata offer this was what
this value of debt accumalated to. Restons rejected this offer
and wrote to me on 14th October saying they were going to apply
for a Charging Order - no other advice given. No mention of a
CCJ. My wife then called Restons as she has an account with them.
She was under the impression that she was referring to both
accounts when she called them. At this stage Mrs xxxxxxxxxxx was led
to believe that BOTH accounts would be placed on hold whilst she
reviewed the offer to Restons. The accounts would be on hold
until the offer was submitted on Tuesday 20th October. The offer
was submitted with a raised offer of £15.40. Mrs xxxxxxxxx called in
and spoke to a MRs McGowan on 21st October who ran through her
offer on her account and this was accepted. When she came to
discuss this account she was told to call back when I was
available for security reasons. Mrs xxxxxxxxxx called on 22nd October
@ 9am and spoke to a very rude and unhelpful person who would not
listen. She then spoke to a Mr Barton and explained all the above
about how she was led to believe she was discussing both accounts.
Mr Barton promised ot look into the call and he did, he phoned
back on 23rd @ 14.30 and said the call was about one account
therefore you will need to pay the account in full to avoid action
nothing else they can help with. I therefore have no option but
to dispute this course of action. I have tried for weeks to get a
offer of payment accepted, I have revised an offer to them. I
have five other accounts with Cabot Financial, all with offers of
payment accepted from our original income and expenditure, this
one for some reason they are not willing to look at.

Our home already has a charging order on. We have an interest
only mortgage with no equity.

This course of action is completely unnecessary when we have
offered to increase our payment with a review in 6 months when our
circumstances will change. We have a car HP that is paid off in
two years, my wife is looking for alternative employment with a
higher salary. All this was offfered to Restons and ACCEPTED on
my wifes account but not on this one? This course of action is
not fair. I therefore dispute this claim and wish for it to be
thrown out. THank you for your time. xxxxxxxxxxx

**Amethyst** · 23rd October 2015, 15:24:PM

Re: Restons Solicitors and CCJ Claim

Okay. Well, that is really an admission and offer to pay rather than a defence, sorry xx but it was better than ignoring it. You will be offered mediation so you could discuss again with them at that stage, and you will later get the chance to defend their application for a charging order ( after they have got a judgment on the claim).

What you should do for the moment though is send a CCA request to the claimant - MEIII Ltd for this account. That would be useful and if it fails then you could think about amending your defence to actually defend it.

This claim is for about £1k ?

So you are basically doing a self managed DMP for all your debts?

**fluffyblue72** · 23rd October 2015, 15:36:PM

Re: Restons Solicitors and CCJ Claim

Hi yes I used to use Payplan but due to changing salaries, husband got made redundant etc, they would accept the lower offer of payments said minimum had to be £100.00. I am totally honest with all my creditors, my incoming recently went down due to an inland revenue tax bill for a company car I have. So I wrote to all my creditors and they all accepted the lower payments. It does work and most are ok, some I only pay £1.00 to but some like Lowell have tried to take us to court but we have increased offers and they have stopped court action so fairs fair.

These idiots though are beating me and I dont like it !!.

The claim is for 843.00 with 130 costs.

The CCA request do you have a template?

oh and THANK YOU for your help

**Amethyst** · 23rd October 2015, 15:41:PM

Re: Restons Solicitors and CCJ Claim

Yes, in here http://www.legalbeagles.info/forums/...it-Court-Claim

There will come a point when they all decide they don't like token payments any more and try going to court. Lowell particularly. It might be worth sending CCA requests out to all your creditors to see where you stand.

It is lovely how people like payplan & co just ditch you when things get really tough.

My concern with your defence as is, is the judge could just run a summary judgment on it as it isn't really a defence. We could amend to argue that they are breaching the FCA principles and add in evidence/documentation/CCA issues.

Restons love a charging order btw, I used to have one with them.

**FlamingParrot** · 23rd October 2015, 15:44:PM

Re: Restons Solicitors and CCJ Claim

Originally posted by Amethyst View Post

Okay. Well, that is really an admission and offer to pay rather than a defence, sorry xx but it was better than ignoring it. You will be offered mediation so you could discuss again with them at that stage, and you will later get the chance to defend their application for a charging order

I agree that's not a defence but an admission. :mmph: However, I see the amount is below £1,000 so they can't get a charging order. :thumb:

Originally posted by fluffyblue72 View Post

Hi the claim is against my husband so this reads as if its from him -

I have spoken with various people at Restons and responded to all
financial information requested. Letters from September, October
5th and october 14th. I fully complied with all request for
information including supporting documentation. Offers of payment
were made - pro rata - according to our income and expenditure,
namely a payment of £4.97 for a balance of £873.00.

Originally posted by Amethyst View Post

( after they have got a judgment on the claim).

How about a Tomlin Order to avoid a CCJ on record?

**fluffyblue72** · 23rd October 2015, 15:46:PM

Re: Restons Solicitors and CCJ Claim

Hi i know the original offer of payment was low but I do have other pro-rata payments I make. I did revisit this and offer £15.40 but they wont accept this.

What is a Tomlin Order?

Lowell have been the worse and the best. Two accounts they tried to get CCJ,s but we offered increased payments and one is now paid and one is like an installment order payable over 10 months. (paid 4 so far) to avoid a CCJ but the others they are accepting £1.00 per month !! I know they will be looking to increase and I plan to increase. I am totally upfront with them all, when I get it they will !!

**FlamingParrot** · 23rd October 2015, 15:49:PM

Re: Restons Solicitors and CCJ Claim

Originally posted by fluffyblue72 View Post

Hi yes I used to use Payplan but due to changing salaries, husband got made redundant etc, they would accept the lower offer of payments said minimum had to be £100.00. I am totally honest with all my creditors, my incoming recently went down due to an inland revenue tax bill for a company car I have. So I wrote to all my creditors and they all accepted the lower payments. It does work and most are ok, some I only pay £1.00 to but some like Lowell have tried to take us to court but we have increased offers and they have stopped court action so fairs fair.

These idiots though are beating me and I dont like it !!.

The claim is for 843.00 with 130 costs.

I make it only £973 so not enough for a charging order.

Cheeky sods! :rant: :rant: :mad2:

Originally posted by fluffyblue72 View Post

The CCA request do you have a template?

It's here: http://www.legalbeagles.info/forums/...y-of-Agreement

**Amethyst** · 23rd October 2015, 15:51:PM

Re: Restons Solicitors and CCJ Claim

glad someone is good at Maths

xx

**FlamingParrot** · 23rd October 2015, 15:59:PM

Re: Restons Solicitors and CCJ Claim

Originally posted by fluffyblue72 View Post

Hi i know the original offer of payment was low but I do have other pro-rata payments I make. I did revisit this and offer £15.40 but they wont accept this.

PayPlan always do pro-rata because they have to be fair, however, there are reasons why you may want to prioritse some creditors over others.

Originally posted by fluffyblue72 View Post

What is a Tomlin Order?

It's a form of consent order that stays proceedings as long as you keep up your agreed payments, however, they have liberty to apply to lift the stay and request summary jugment if you break the agreement.

It avoids a CCJ on record and also a charging order, although they can't get one for less than £1,000. :grin:

- - - Updated - - -

Originally posted by Amethyst View Post

Restons love a charging order btw, I used to have one with them.

The cheeky sods have been going on about it even before they issued the claim, yet the amount is below the CO threshold.

Restons Solicitors and CCJ Claim