A very successful court hearing!

Gareth19

Just wanted to air the fact that I'm absolutely over the moon with getting one over Restons in court yesterday. They are the worst firm I have ever encountered and are never helpful or sympathetic about anyone's circumstances. I have a CCJ with them dating back to 2002 and I was ordered by the court to pay £50 per month which I have done without fail ever since. The debt is now down from £13,500 to £7,900. Anyway out of the blue they send me papers that they want a charging order on my house. Up to their usual tricks I thought so I went to court to defend it (although after reading on here how notoriously hard they are to defend I wasn't holding out too much hope). I just wanted to make my presence known and not let them win by default. So I explained to the judge that they have no justification is a charging order as I am paying monthly as the court instructed back in 2002. Then the rep from Restons came out with a right pearler! She tried to tell me and the judge that there never was an agreement for monthly payments and the order was actually a forthwith judgement. The judge then asked her if she thought that was the case why have they been accepting payments from me every month and she replied with something about "without prejudice". The judge then asked me if I have any proof that the court ordered installments and it just so happens I have every bit of paperwork from the start of proceedings. The judge adjourned the case and I have to take the evidence back to court in 2 weeks when he will throw the case out! I love it! Anyone who has had dealings with this firm will know exactly what I am talking about, they have made my life hell and yesterday was extremely satisfying. They had obviously hoped I wasn't going to turn up at court and they would rush the order through.

saltnvinegar

Gareth

I just wanted to say thanks for sharing this.

There are a few people who are going through the mill with Restons and its great to see someone stand up to their antics and win.

:beer:

SnV

what_a_muppet

Well Done You :T:T:T

I am just starting on the Reston's CCJ merry-go-round so I am soooooo pleased you have had a good outcome. They don't listen, they will not help, they are rude, ignorant and as they say what goes around comes around :rotfl:

Wasn't it the banks that we had to bail out, because of them lots of us lost our jobs and now they try and bully us when we need a bit of help .......... right, stop me there or it could be a long thread

Let us know what happens in 2 weeks, in the greatest of detail

KingElvis

Well done mate, be sure you have the right documents with you when court reopens.

This will probably cost them too which is a bonus.

Gareth19

Thanks for the positive responses. Thought I'd share my success and I would advise anyone dealing with this shower to challenge everything. They are notorious for sneaking around trying to push things through and before you know it it's too late. They are disgraceful and I don't mind if anyone from there reads these forums because I've told them as much to their faces.

winner12

Hi there
Well done I read a post on here the other day about not been able to put a charging order on your house if its in joint names not sure if this applies to you but its just a thought

mummum2

Well done Garath, people need to reclaim their rights, we are trying to pay back what we owe and these bas%%%ds don't let us. There is justice in this world. :beer: Let us know in great details when you return in 2 weeks.

MM2

Gareth19

winner12 wrote: »

Hi there
Well done I read a post on here the other day about not been able to put a charging order on your house if its in joint names not sure if this applies to you but its just a thought

No I looked into that and that is not strictly correct. They can get a charging order on a house even if it is in joint names but they can only have the share of the debtor and must not touch the share of the other person who doesn't owe it.

winner12

MY question is though how did they manage to get a court hearing if you have paid your original court order monthly and are upto date I thought they could only take you to court again if you missed a payment

winner12

The Charging Order thread has just been bumped up so not sure what to think it maybe worth a look

Gareth19

Just an update to this matter. As expected the charging order was duly dismissed today by the judge who stated that Restons have no grounds whatsoever to apply for one as I have not defaulted with my monthly payments. He even reduced my monthly amount as I am on the sick from work so a wonderful ending to this and glad to see Restons get what they deserve. This time however they didn't even bother attending.
Which brings me to my next point. I have had to travel to court and back (an hour each way on the bus) on 2 occasions now for a case when they didn't even have any grounds. I am entitled to ask for costs or compensation etc from Restons for their absurd behaviour? PS got absolutely soaked today in the rain - wet through!!