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Help Restons have charging order now demanding increase repayments

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  • Help Restons have charging order now demanding increase repayments

    Hi, Restons have a charging order against our house from October 2016. We have been paying a monthly amount since but they have now demanded a 400% increase in payments, which is unaffordable. Having not agreed or paid this increased amount we have had a visit from a bailiff who didn't show any id, then asked if I'd had s letter. I replied no and he left. I can't find any info online about our rights whilst making repayments on a charging order. Despite not agreeing to increased amount we are apparently in arrears on the debt. Has his inadvertently given restons more powers against us?
    a. Does not agreeing/paying the extra 400% mean we have reneged on the initial payment terms?
    B. Do I have a harassment case against them e.g. Being in breach of S40 of the Administration of justice act 1970?I
    C. What are your rights regarding the increased repayments?

    Many thanks in advance for any advice you can offer.
    Tags: None

  • #2
    The court set the amount you have to pay??

    What was the charging order for? give information for debt

    Comment


    • #3
      The court order was made without us seeing it hence the charging order which we tried and failed to get set aside. debt is for an old credit card £2400. We made a payment offer and have paid that without fail for over a year.

      Comment


      • #4
        Who was the payment arrangement made with? Did they agree to your proposal?

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        • #5
          It was made with Restons and they didn't agree but have accepted the monthly payment for the last 18 months. Because of the cc j and charging order does this give Restons the power to dictate what payment amounts should be made?

          Comment


          • #6
            No. Did you agree to a charging order with Restons directly or did they apply for it through the court off the back of a forthwith judgment order? or was it to secure an instalment order?

            Really need to know what happened with the original court claim and CCJ to know where you stand with demands to increase payments.

            You may need to go back to court for redetermination of instalments - if you can find/get from the court, the original judgment that would be helpful.

            Restons tend to hassle every six months once they have a charging order - I ignored them with mine tbh and just kept paying the amount of instalment set by the court ( and kept evidence ) ….. but need to know the actual judgment order.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment

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