Judge's Possible Questions -redetermination hearing

RAS

Northstar68 wrote: »

Thank you, I will pm him.
We lost today at court, even though MBNA didnt turn up and the court commented on that he said he was sympathetic but had to rule 'judgement forthwith' even though he knows we dont have the money to pay within 14 days and he understood the history.

So now we wait to see what MBNA do next. I dont really know where on this forum now to post about our problem. The judge advised us to seek legal advice.
I suppose MBNA will now go for the charging order. The Judge actually looked at all our debts not just this one particular one, is he able to do that? He made the judgement based on all our debts, shouldnt he have just looked at this case on it's own.

We are so confused now as to what to do and how to fight this. I do worry that they will try to force us to sell but surely they cant do that straight away.....sorry thinking aloud and slightly stressed following the hearing this morning.

Many thanks for any help/advice about where to post about this problem so I can get ready for the next stage.

you are going to get an interim Charging order shortly. Please make sure 10past6 knows.

Northstar68

Thank you for your replies. I will write to 10past6 a bit later when I have cleared my head a bit.

We are so shocked with this today really. I didnt expect it at all.
The Judge said something about Interim Order so yes, this is what will come soon. IN the meantime I want to get everything ready. I am pretty sure we can do something positive here, it seems to be so harsh so quickly. I didnt think this would happen today because we have been paying the monthly instalments as set by the Judge back in August.
The Judge today was very critical of Northampton court (we were in our local court today) and said that this low amount shouldnt have been sent and in the next breath he said he was very sympathetic because MBNA are the worst ones when it comes to this and he can see we are decent people who have done all we can to sort our debts out and the next few months are going to be very difficult......so please seek legal advice. He must have said that 20 times in the 15 minutes we were with him.
Does he know something we don't?
God knows.

Having cried all day I have now toughened up again and am ready for the next stage. I will pm 10past6 and take it from there.

Thx for being there and listening.

ecg202

Firstly, can I say how sorry I am and offer you a great big hug.

I din't think they could force you to sell your home if you had school aged children living there, they can only put a charging order on the house so that when you sell they get paid first or out of the proceeds.

This link seems to give some information wwwdotinsolvencyhelpline.co.uk/debt_factsheets/charging_orders_in_the_county_court.php#10 (sorry can't post links yet)

Northstar68

ecg202 wrote: »

Firstly, can I say how sorry I am and offer you a great big hug.

I din't think they could force you to sell your home if you had school aged children living there, they can only put a charging order on the house so that when you sell they get paid first or out of the proceeds.

This link seems to give some information wwwdotinsolvencyhelpline.co.uk/debt_factsheets/charging_orders_in_the_county_court.php#10 (sorry can't post links yet)

thank you so much, I needed that, Im back to being in tears again.
I thought the same thing, we have 2 young children so surely they cant force us to sell. It really was awful today. We have to wait and see what MBNA do now they have the forthwith judgement......then we will know how to defend........we are ready to appeal and do what we can, we really feel that today's judgement was grossly unfair and lots of questions have come up, as it always does after the event!

So many said that not to worry and they cant take it further because we have been paying the monthly instalments as set by the first judge and now this.
Thank you for the link. I will have a read and sleep on it. Im suffering from info overload now and feeling a bit lousy.
Thanks again for the hug too. :A

10past6

I received your PM

You're along, long way from being evicted for a non secured debt.

Being in arrears on your mortgage payments has more severe consequences than being in arrears on unsecured loan, if a charging order is awarded, then it's a charging order IT IS NOT A SECOND MORTGAGE, if awarded a charging order means the creditor has secured the debt against you property, in the event you sell, once mortgage payments/ secured loans are taken, any equity in the property the creditor has first bite of the cherry.

If a CO is awarded, it's almost 99.9% unlikely you'll be evicted, regardless what the creditor threatens, should they seek a "Forced Sale" they'd have to have a dam good reason for bringing the claim.

I've replied here in an attempt to ease your mind, I'll deal with your defence tomorrow time pending.

10past6

Northstar68 wrote: »

We are so shocked with this today really. I didnt expect it at all

Anyone reading this thread, ALWAYS, ALWAYS, prepare for the worst, expect the best.

Northstar68 wrote: »

The Judge said something about Interim Order.

"Some" DJ (District Judges) are a law unto themselves, they deal with a whoe range of issues, consumer legislation just happens to be one of the issues they deal wit, never, ever, take it for granted because they have a title as "Judge" they're aware of consumer legislation, many are NOT, it's for the defendant to provide the legislation applicable to them, the Judge is there to enforce the law, not ride ruff shot over it.

Northstar68

10past6, thank you so very much for writing, already it seems a lot clearer and you have put my mind at rest. I will try to relax a bit more now, have a sleep and get my strength back to fight back with this.

:A

10past6

Northstar68 wrote: »

10past6, thank you so very much for writing, already it seems a lot clearer and you have put my mind at rest. I will try to relax a bit more now, have a sleep and get my strength back to fight back with this.

:A

I've sent you a PM, I'm away for the weekend, I'll try and get back to you on Sunday evening, try not to worry, you'll be OK

Longing_to_be_debt_free

Hi, I am going to personal message you my story of MBNA, hopefully, after reading it im sure you will have a better nights sleep..

thewad

Longing to be debt free

Could you pm it to me as well.
I have some issues with mbna over my cc.

John