Mrsdizzi v Restons

[mrsdizzi]

Hi,

I too have a problem with Restons - they're threatening to go to court for a sale order on my property.
I've had the charging order for years, and all of a sudden Restons step in and get aggressive.
The debt is for 7k, and I offered a monthly payment years ago (10 yrs) but nothing happened, so it has been sitting there. I have another which is being paid £2 per month and has been for the same amount of time with no issue. I only work part time, and my husband pays the bills - including mortgage, and has been doing so for the last 9 years, although his name;s not on the mortgage. We have 2 children aged 7 and 10, and I have a long term illness, so working part time is the max for now.
I offered 2K to settle, as my father was prepared to lend me it, but they turned that down flat. They have also turned down £2 a month and queried costs for clubs and clothes for children on my income and expenditure chart -despite being told that my husband pays everything, and my wages just help with this. They want my husbands income details, but its not his debt, so iv'e refused. Stressings just making my illness worse - what are the chances that these bullys will take our house?

[Amethyst]

Re: Mrsdizzi v Restons

Hi I've moved your post to your own thread in the court claim section.

When you got the original judgment against you for the debt was there no installment order attached, just the charging order permission ?

Who was the original claimant and who got the charging order originally ?

Try not to worry, the chances of them getting a sale order against you with 2 children is extremely tiny.

[mrsdizzi]

Re: Mrsdizzi v Restons

Hi,
Thanks for your prompt reply, and thanks for moving to the correct thread.
I really don't remember what was attached - i had my head well and truly in the sand and have no paperwork due to a fire a few years back. The original claimant was MBNA, and Restons are now working for Arrow Global, so i assume that the debt was sold on.

Apologies for being vague - I really did just try and hide it to begin with - I was the victim of a con artist...I consider myself to be fairly intelligent and still now have a hard time believing i fell for it. But crap happens.

I'm trying not to panic, but its not easy.

[Amethyst]

Re: Mrsdizzi v Restons

Okay, if the debt was sold on after there was a judgment then they would need to sort that out through the court, and the landregistry if the original charging order was obtained by MBNA - that would be a little unusual though as they usually sell on before any court action.

It will be worth checking your file at the landregistry - https://www.gov.uk/search-property-i...-land-registry - for details of the charge

HAve Restons sent you anything, or the court, regarding the change of ownership ?

Have Restons made an application to the court or are they just sending you threatening letters at the moment ?

[mrsdizzi]

Re: Mrsdizzi v Restons

I checked the land registry a while ago, and Arrow Global have the charging order. I think that the letters are just threats - nothing from the court. They are saying that thy will shortly be preparing an application which will be served on me and any other co-proprietor. They have asked for details of others that live here despite being told already by phone, and attach a house valuation which they have asked me to confirm. Crapping myself at the moment - the fact that they have a valuation suggests that they mean business.

[Debt Camel]

Re: Mrsdizzi v Restons

Yes they mean business. You can't safely ignore a charging order. even though the number of orders for sale is tiny (see http://debtcamel.co.uk/charging-order-sale/) the people that do get them are the ones that have not taken the problem seriously.

They may be prepared to take a full & final settlement, but it won't be a low one like 2k. Well not assuming your house has some equity in it ...

Can you gave us some details about the house:
- what is the value they have given, do you think this is roughly right?
- how large is the mortgage? is it repayment or IO? When does the mortgage end?
- apart from the mortgage, what other debts are secured on the house? There is this 7k one. You mentioned another one you are paying £2 a month to - is there also a charging order for that? If there is, which charging order came first? Any other debts secured on the house?

- do you or your partner have any unsecured debts?

I am afraid your best course of action is probably to supply details of your husband's income as they have asked and make a sensible offer of monthly payment. I know the debt isn't your husband's, but he is benefiting from living in the house!

[mrsdizzi]

Re: Mrsdizzi v Restons

Do I have to deal with Restons, or can I go back to Arrow Global? Restons are aggressive and rude, and have no interest in offers of payment - it seems that they just want a sale order!

[nemesis45]

Re: Mrsdizzi v Restons

Do I have to deal with Restons, or can I go back to Arrow Global? Restons are aggressive and rude, and have no interest in offers of payment - it seems that they just want a sale order!

Hello Mrs D,

If Restons are being rude/abusive ( not an unknown characteristic) I suggest you report this and make
it clear that their solicitors conduct is unreasonable and you will not deal with them.
Put down what Restons ill trained staff have said in as much detail as you can.

Make any offer of payment direct to Tom Drury CEO Arrow Global Uk Ltd.

nem

[Debt Camel]

Re: Mrsdizzi v Restons

Do I have to deal with Restons, or can I go back to Arrow Global? Restons are aggressive and rude, and have no interest in offers of payment - it seems that they just want a sale order!

If Restons are being rude, you should certainly complain. But I'm not sure you can say they aren't interested in a payment offer - they have asked you to supply details of your husband's income, this is looking for what a reasonable offer might be.

[mrsdizzi]

Re: Mrsdizzi v Restons

Yes, they did ask for my husbands details, but on the next line said that they were preparing documents for a sale order...before they have even heard back from me. If they were interested, surely they would negotiate what I have offered rather than just blank refuse. I was offered a loan for 2k to help, but they flatly refused that without hesitation.

[Debt Camel]

Re: Mrsdizzi v Restons

I was offered a loan for 2k to help, but they flatly refused that without hesitation.

I am sorry but you don't seen to appreciate that this is a secured loan. It is VERY rare for a low F&F offer to be accepted on a secured loan - a flat refusal of 2k would be normal here.

If they were interested, surely they would negotiate what I have offered rather than just blank refuse.

You have not made an offer that will repay the loan at a reasonable rate. They are not interested in that offer! They can't negotiate sensibly until they understand your household income. You don't have to supply this, but you are not in a strong position here.

[siferetto]

Re: Mrsdizzi v Restons

H
Try not to worry, the chances of them getting a sale order against you with 2 children is extremely tiny.

I'd go further and say the chances are impossible. This is due to the protections for children under TOLATA and also Case Law protections for primary and residencies that the Ministry of Justice took into consideration when deciding the threshold for charging orders should be £1000. As far as the MOJ are concerned an Order for Sale on primary or family residencies wouldn't happen.

Restons routinely send out these threats, but a simple Google on the subject will see that is all they are, threats. This is because Restons know they wouldn't succeed so are reduced to the "valuation" intimidation in the hope customers go to extreme measures to repay them.

Okay, if the debt was sold on after there was a judgment then they would need to sort that out through the court, and the landregistry if the original charging order was obtained by MBNA - that would be a little unusual though as they usually sell on before any court action.

No it became the norm for company's like MBNA to sell on their debts when it became apparent that having a CO wasn't much help in gaining repayment. Prior to the recession Charging Orders were paid off within a few years often by the sale of the house when the debtor moved. That all changed when people were unable to move and often paid nothing off the CO debt. MBNA shifted a huge amount of their debts to people like Arrow and Marlin.

The aggressive tactics often come just after the debt has been sold. My ex had exactly the same scenario in 2013 as you have encountered and Restons accepted £1 a month on an £12,000 debt when she, basically, told them to take her to Court if they wanted more. Nothing happened.

You must also remember that if this ever went to Court the Judge has total, unfettered, discretion on whether to grant an OFS. They would also understand that a company like Arrow or Marlins will have only paid around 10% of the debt value to obtain the rights to enforce. Therefore, on a debt of £7k a Judge would understand the proportionality of what he is being asked to do by the creditor - which would be evicting a family from its home for the creditors outlay of around £700. Never going to happen so don't worry.