Urgent help needed please.

doingitall

I feel like crying:(. Will try to keep this brief. Partner and i have several debts, some in his name and some in my name. My debts are now under control and am paying small monthly payments to creditors. Partners debts are larger and he stopped paying these about 9 months ago. Most he has arranged new payment plans with the creditors.

His main debt is with MBNA Virgin credit card. He foolishly ignored this one because he didn;t receive any correspondance from them apart from letter.

Well a letter from then has arrived this morning. Apparently MBNA got a CCJ in July. We had no correspondance about this at all and had no idea that partner had now had a CCJ. Partner phoned Restons Solicitors this morning and they were awful and said that the CCJ paperwork was sent out in the post and we ignored it. They also said a letter was sent about us making repayments. We never got this either. Now MBNA have applied for a charging order against our house:eek:.

3 weeks ago before we found all this out I wrote to MBNA asking for a copy of the original credit agreement, and was planning on offerering a full and final settlement but to date have heard nothing regarding this.

What do we do now? Can we stop the charging order now by offering a payment plan or will they want the full amount in one go?

If its relevant the house is in joint names owned 50/50 but the virgin debt is in partners name only. Our mortgage payments are up to date.

Could cry because we have worked so hard over the last 2 years to sort these debts out and are on tract to have them gone by October 2011.

Please, please can anybody offer me advise

Thanks for reading

doingitall

Well after a couple of hours of reading this forum, i have found that apparently a charging order can't be made on a jointly owned house. Interesting that these debt creditors/solicitors just tell you outright lies:mad:

Anyway need to work out what to do next.

NorthernLas

Is there any reason why you might not have got the information from (MBNA / court / Restons) - like you have moved house recently?

When was the credit account taken out?

You may be able to apply to set the judgement aside and ask for action to be suspended.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

saltnvinegar

Hi

First of all don't let this is worry you too much (I know its hard), this lot are not worth it.

Restons are nasty and are well known for some very suspect and aggresive tactics.

Don't bother calling them again, they will only upset you and not help the situation.

Have you called the County Court where the CCJ was issued? You need to find out exactly which address the original papers were issued.

Its not unheard of for papers to be sent to a previous address. If this is the case you should be able to get the judgement set aside and Restons would then need to reapply to which you could defend.

Have a search on this forum for Restons, there are a few people going through similar experiences as you (and some have beaten them).

Have a look at this site below as Restons are discussed here too:

http://www.legalbeagles.info/forums/index.php

Let us know when you find out where the original papers were issued to.

SnV