Hello- Serious Problems due to Restons

[simon123]

Hello Everyone
I just found your website on the internet.
I desperately need your help. Today I received a letter from Land Registry-say that a interim charge has been placed on my account. I have also received a letter from Reston Solicitors today-saying they have placed a interim charge on my house. This is going to go to final order in early April. I am panicking-a lot. I do not know what this debt is for-the amount is £12k. They said they are representing a company called Cabot? Years ago I was in quite dire financial situation and I was unable to pay my credit card-TSB, I am thinking it could be this but am really very unsure. Can they force me to sell my house? What should I do?
Thank you
Simon

[dan_1207]

Re: Hello- Serious Problems due to Restons

Simon,

Welcome to LB!

An Interim Charging Order is automatically granted by the Courts, and a hearing is set down for a judge to decide whether or not to grant a Final Charging Order. These are a method of securing a county court judgment ("CCJ").

So really the first question is, what was that judgment for? Can you ask Reston Solicitors for a copy, together with a Claim Form and Particulars of Claim?

[simon123]

Re: Hello- Serious Problems due to Restons

Not sure what it is for, I have not contacted them. On the paperwork they gave today-it says a Judgement was given in December at a County Court Business Centre. And that I owe £12k

[simon123]

Re: Hello- Serious Problems due to Restons

What is going to happen,this is my family home-can they force me to sell it?

[simon123]

Re: Hello- Serious Problems due to Restons

I really need some direction please

[dan_1207]

Re: Hello- Serious Problems due to Restons

There's a very long and arduous process one must follow if they want to seek an Order for Sale and, given it's your family home, it's unlikely that's going to happen. Call Reston Solicitors and ask for what I detailed above.

[simon123]

Re: Hello- Serious Problems due to Restons

Ok I will call them, is there anything else I need to say to them? Also should I respond to the Court date and have it moved to a Court near me? Sorry to take up your time but am really worried and scared. If I lose my home, then I will lose my family.

[simon123]

Re: Hello- Serious Problems due to Restons

I just spoke to them and they really wanted me to fill out a income and expenditure form within two weeks. And start paying them-apparently there is nothing I can do about the CCJ they have got in my name. They reluctantly agreed to send out the requested information. Not sure what I am going to do. I am on a low income and really do not have enough to repay them.

[nemesis45]

Re: Hello- Serious Problems due to Restons

Please stay off the phone to Cabot or Restons you must maintain a paper trail for matter such as this!!
Do Not send an I & E statement at this stage.
Lets get to the bottom of the alleged debt first.
If this is the CC you mention when was the account opened?
Do you know the default date and/or the date the last payment or written acknowledgment was made.

Cabot & Restons will try all sorts of tricks.
Did you receive a claim pack from the Northampton CCBC?

If so did you acknowledge service of the claim, if not Cabot has got judgement by default as you failed to defend the claim.
Please check your credit files to see if there are details of the account and/or the judgement.

nem


Btw. There likelihood of you being forced to sell your home is very, very slim.

[simon123]

Re: Hello- Serious Problems due to Restons

I was following the advice given, sorry. They told me it was a Lloyds debt from an account I had with them. The account was closed in 2008 and the last payment to them on file was 2010. I was not staying at my address at the time any documents were given and they were returned to sender. Literally I have been back at this address for just a few weeks. I was looking after a sick relative.

[dan_1207]

Re: Hello- Serious Problems due to Restons

I was following the advice given, sorry. They told me it was a Lloyds debt from an account I had with them. The account was closed in 2008 and the last payment to them on file was 2010. I was not staying at my address at the time any documents were given and they were returned to sender. Literally I have been back at this address for just a few weeks. I was looking after a sick relative.

No need to apologise, I can see where Nem is coming from regarding phone advice, but given the rather straightforward request and time constraints, I had to make a judgment call. Will need to see what the documents say once you receive them.

As regards the hearing for the Final Charging Order, you should attend the hearing. The Court will take into account your personal circumstances. If you wish, then you can make an application to have it transferred to your local court so telephone the Court and ask whether it's too late to and what their requirements are for such an application (i.e. whether they require a formal application notice, or just a letter.)

[simon123]

Re: Hello- Serious Problems due to Restons

Thank you Dan, I understand what your saying. I will get in touch with the Court tomorrow and will keep everyone updated. Nemesis I totally get your point and going forward will write to them. Thank you everyone

[simon123]

Re: Hello- Serious Problems due to Restons

Morning
If I call the Court, what should I be saying? And what happens with the Court=do I go? If so, what I am meant to have?
Thanks very much
simon

[FlamingParrot]

Re: Hello- Serious Problems due to Restons

Not sure what it is for, I have not contacted them. On the paperwork they gave today-it says a Judgement was given in December at a County Court Business Centre. And that I owe £12k

I just spoke to them and they really wanted me to fill out a income and expenditure form within two weeks. And start paying them-apparently there is nothing I can do about the CCJ they have got in my name. They reluctantly agreed to send out the requested information. Not sure what I am going to do. I am on a low income and really do not have enough to repay them.

I was following the advice given, sorry. They told me it was a Lloyds debt from an account I had with them. The account was closed in 2008 and the last payment to them on file was 2010. I was not staying at my address at the time any documents were given and they were returned to sender. Literally I have been back at this address for just a few weeks. I was looking after a sick relative.

Were the court papers sent to your address while you were away looking after your relative? Have you got them there now from last year or did they never arrive in the first place?

If you did not get the court papers and they obtained default judgment against you for that reason, you may be able to apply to have the judgment set aside. You need to submit an N244 application form and pay a fee of £155. You may be able to apply for fee remission if you are on a low income or in receipt of certain benefits. Form ex160a provides full details.
You will also need to show the court you have a viable defence against the claim. What sort of Lloyds account was this? A current account overdraft? £12k sounds like a very big sum for an overdraft! :scared: Or was it a loan or credit card? Anything you can tells us should be of help. :typing:

If the judgment got set aside, the charge on your property would be removed. :thumb: Given the amounts involved, I'd certainly look at this option.

[simon123]

Re: Hello- Serious Problems due to Restons

I had a premier account and I was working in a really good job-had my own company. Then the recession happened and my life was affected. I think they did send the paperwork but it was all returned-family just returned it all. I was having problems with my wife, I moved out of my family home and I went to stay with my relative, and helped look after them. The thinking was-2 birds, 1 stone. So I never saw any of my mail. How would I prove that? I do not really have a defence, my income dropped. my account was closed by them in 2008 but I continued paying them into 2010. At that point, I literally buried my head in the sand!
I think I may be a hopeless case afterall.
Simon