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Restons disputing repayment set by court! Back to court we go! What will they present

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  • Restons disputing repayment set by court! Back to court we go! What will they present

    I'm further down the road than most! After following all advice template letters, filling a defence etc. I went to court because Restons paperwork was a poor reconstituted' copy some of it even on the wrong banks headed paper, still the judge found for Cabbot saying based on probability, the debt was probably mine! So CCJ with smallish monthly repayment set. I paid religiously for three months, into the account specified by Restons barrister. After three months Restons applied for an attachment of earnings saying I hadn't paid. They then informed me that my payments were going into the wrong account!!!! Asked them to transfer the money into correct account and drop the attachment of earnings case. They would not!!!(have conversation recorded) wrote to them and they finally transfered money. I got attachment of earning deferred but repayments were set far too high I resumed payments into correct confirmed account and contested to get payment reduced which court agreed. Now Restons have contested my repayments and I have to go back to court next week!!! I am a minimum wage earner on zero hours contract. What do they want from me - I can barely exist now!!!! I don't know where to go with this!, Except over a cliff!!!! I'm desperate for any help...
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  • #2
    Re: Restons disputing repayment set by court! Back to court we go! What will they pre

    [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

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    But please include a link to your thread so I know who you are.

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    • #3
      Re: Restons disputing repayment set by court! Back to court we go! What will they pre

      Hello Tyler,

      You may have to approach the court with a detailed income and expenditure statement and ask for payments to be made affordable ( recommended) as I doubt Restons will help at all.

      nem

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      • #4
        Re: Restons disputing repayment set by court! Back to court we go! What will they pre

        Thank you for the advice! It helps to know someone is out there. I have prepared an in depth expenditure, copies of my bank statements and payslips my worry is that the Court has already seen these and previously set a £50 payment. I just don't understand why Restons think I should pay more, or are they just hell bent on getting the attachment of earnings which was deferred. If they get it, I will probably loose my job. I think it is wrong that they don't have declare their intentions before so that I could prepare, but then a lot of their actions are wrong! I suppose I will have to hope for a sympathetic judge. It's so difficult when you're representing yourself, but you know what they say " What doesn't kill you makes you stronger" Thanks again for the support 😞

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        • #5
          Re: Restons disputing repayment set by court! Back to court we go! What will they pre

          Originally posted by Tyler View Post
          Thank you for the advice! It helps to know someone is out there. I have prepared an in depth expenditure, copies of my bank statements and payslips my worry is that the Court has already seen these and previously set a £50 payment. I just don't understand why Restons think I should pay more, or are they just hell bent on getting the attachment of earnings which was deferred. If they get it, I will probably loose my job. I think it is wrong that they don't have declare their intentions before so that I could prepare, but then a lot of their actions are wrong! I suppose I will have to hope for a sympathetic judge. It's so difficult when you're representing yourself, but you know what they say " What doesn't kill you makes you stronger" Thanks again for the support 

          Hello Tyler,

          Restons will claim they are acting on their clients instruction and probably have some form of " legal " assistant dealing with matters like this who has decided to push for as much as they can get, remember you cannot be forced to pay more than you can reasonably afford without causing you and yours hardship. Restons probably haven't consulted their client anyway.
          You should make the situation regarding the AOE and your employment very clear to Restons and the court.

          Always happy to help Tyler!!

          nem

          Comment


          • #6
            Re: Restons disputing repayment set by court! Back to court we go! What will they pre

            Thanks again! I'm going to give it my best shot! Getting quite good at this court thing, just have to make sure I use my chance to speak and don't crumble! I have sent a letter to the judge already, explaining I might get upset and it I have summarised everything. I will post about what happened - it might help someone else. Bye for now, wish me luck 😨

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            • #7
              Re: Restons disputing repayment set by court! Back to court we go! What will they pre

              Originally posted by Tyler View Post
              Thanks again! I'm going to give it my best shot! Getting quite good at this court thing, just have to make sure I use my chance to speak and don't crumble! I have sent a letter to the judge already, explaining I might get upset and it I have summarised everything. I will post about what happened - it might help someone else. Bye for now, wish me luck 
              Good luck Tyler,

              Feel free to tag me [MENTION=55034]nemesis45[/MENTION] even if it's just for a chat!

              nem

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