Judge's Possible Questions -redetermination hearing

thewad

Cheers for that LTBDF

Still can't figure out how they can charge unsecured interest rates and yet get security on it, surely they should have to do an adjustment on your account and pay back the interest difference.
Talk about having your cake and eating it.

John

dancingfairy

Hi. I'm sorry to hear what a horrid time you're having. I don't know if you can appeal the judgement given that your creditors didn't turn up? Just wondering if the judge was trying to give you any hints on this?
Have you had a read of the factsheet on National Debtline on Charing Orders? - this might put your mind at rest a bit and prepare you for what's ahead.
Hopefully 10past6 can help you.
df

fedupwiththeworry

thewad wrote: »

Cheers for that LTBDF

Still can't figure out how they can charge unsecured interest rates and yet get security on it, surely they should have to do an adjustment on your account and pay back the interest difference.
Talk about having your cake and eating it.

John

Egg put a charge on our house several years ago and of course didn't reduce the interest rates. The judge allowed it because we couldn't pay back the debt within (I think) a couple of years. Their solicitor said afterwards that they very rarely pushed for an enforced sale. They've since had their money thank God.

There's an article in the latest MSE news where the Government are looking to stop creditors forcing a sale.

http://www.moneysavingexpert.com/news/loans/2010/02/repossession-protection-plan-announced-by-government?utm_source=forum&utm_medium=sidebar&utm_campaign=box

Northstar68

Thanks dancingfairy and fedupwiththeworry, I keep playing the hearing over and over in my mind, the Judge kept saying sorry, I have to do this but please seek legal advice, he must have said it 4 times in the 15 minutes we were with him. But then I think, he still didnt need to rule for forthwith judgement so goodness knows!

We def are appealing the forthwith ruling, just waiting on the letter from the court so we know how to go about that.
10past6 is helping too so with everyone here I know we are in great hands.

10past6

thewad wrote: »

Still can't figure out how they can charge unsecured interest rates and yet get security on it

They claim the agreement / contract has been breached by the customer due to the agreed monthly amounts not being paid.

10past6

Northstar68 wrote: »

10past6 is helping too so with everyone here I know we are in great hands.

Check your PM box

Northstar68

MBNA's solicitors left a message on our home answer phone today, asking to phone because they wanted to give some information about the letter we had sent them 2 days ago (we sent a copy of the SAR letter which we sent to MBNA plus a letter asking them for confirmation that they informed our creditors that they were taking legal action against us)

Is that normal practice to phone.....what could they possibly want to tell us that they cant put in writing? Any other motive maybe?
Should my husband not be talking to them at all and just ask them to put it in writing? We are curious as to what they want mind you!

fedupwiththeworry

Personally I prefer all correspondance in writing so I've got proof of what was said and when. There's nothing to stop them ringing of course, just that you "have to be there" to answer of course.

Verbatim

Charging Order? The myth - MoneySavingExpert.com Forums

I don't know how accurate the info in this thread is but might well be worth considering/checking out.

Good Lucl
V

ranger123_2

Dear All,

I would like any advice you may have regarding an unsecured debt. I am due for a 10 minute hearing over a debt from 2008 of just over £2000 next week (I have also got two year old CCJs paying £1 per month on debts totalling about £16K) and about £25K unsecured debt in total. I have a mortgage but I am single and the mortgage is in my name. I was not asked to attend a hearing for the other two larger debts, but I am now very concerned about this having read in this thread that courts are currently being unsympathetic to debtors. The 'claimant' is a debt predator that bought the debt from a credit card company.

I am currently unemployed and have offered £1 a month token offer which they have not accepted.

I am also unhappy about whether this 'sale' represents a breach of the Data Protection Act (Why is no-one arguing this?) My mortgage lender (also my bank) won't even talk to the DWP about my account without my express permission, yet the original creditor in this case thinks it's okay to 'sell' my account without giving me any prior notice let alone obtaining my permission! The status of my account surely has no bearing on Data Protection rules?