Charging orders. Force of sale?

MaisieD

I have a CCJ from 2015 for 13k. Hubby lost his job and we struggled to pay for a year and it ended up as a CCJ we agreed a payment with the court and all was sorted. Then last year it was passed to Restons Soloctors as we were accused of missing a payment. We hadnt as it was set up by direct debit but they insisted we had so they applied for a charging order and won. It was ridiculous and they were so awful to deal with. They then made us increase the payments we had already met on place with the original CCJ and made us double our monthly repayments. In the end we had to agree as they tested us with bailiffs and a force of sale. It was a terrible 5 months trying to settle this with them. Something we had settled a few years before when the CCJ first took place. We proved all our payments and they still insisted we missed 1 month and wouldn't let it go. It caused us so much stress.

I have chronic illness, I have 3 children under 18 and now live in fear of Restons doing this again. Even though it's set up paying eavj month, I'm scared they'll do this again and say we broke their CCJ and force us to sell our home. I have 3 chronic illnesses and this stress isnt doing me any good. Myself and my husband are terrified of Restons after this experience. They were so rude and threatening.

Can anyone reassure me they cant force a sale? I've never defaulted and I've no idea how they were so convinced we had when a direct debit had been set up for years.

Thank you.

sourcrates

Hi,

Ok, take a deep breath, and relax.

You do not have to dance to Restons tune, they love to throw their weight around, and act like bully boys, but they rarely follow through, in fact they have form for not turning up in court, incidentally they have no more power that you or I do, they are a total waste of space anyway, and are utterly useless to boot, its always a judge that settles legal matters, not a tame solicitor such as restons.

You have three children, and have health issues, there is no way on this earth a judge will make a family with three children homeless, in those circumstances, for such a minor infraction.

So put all this nonsence out of your head, they use tactics like this in order to mess with your head, and increase the payment you make to them, you do not have to pay any more than what the court ordered you to pay, they know this, but obviously you didn`t, you should issue a formal written complaint to them for such disgusting business practices.

Orders for sale are now so rare, they no longer keep records of them, they are usually only ever granted if a house is vacant, almost never if people still live there, especially a family, so it ain`t gonna happen, but companies such as Restons like to issue threats of what they "could" do, and its despicable, as long as you keep up the payments, they cannot apply for an order for sale.
Worst case senario, if, they did, and that`s a very big if, then there is a court process to go through, where you would have your say, and that would be as far as it got, as the judge would simply order a slight increase in your payments to cover the missed one, and that would be that, so there threats are hollow.

You should never be terrified of anyone, there are things you can do to even the odds, they are a buisness, and if they do not act in an ethical manner, you can, and should, take them to task for it.

dazzaofdagenham

My father in law had a similar issue with this firm.

We decided to ignore all calls and texts from them....and send letters ( recorded ) and document everything.
Although the threats kept coming...they never enforced anything....payments were made on time and everyt8me...

Have a peaceful Xmas

WhenIam64

but they rarely follow through, in fact they have form for not turning up in court,

Restons, as solicitors, are merely the intermediary of the debt owner. Who do you owe the money to?

Also, as solicitors, they have a duty not to mislead the debtor about their legal position. If they have, then raise a complaint with Restons and then follow through to the next stage.

The "not turning up" is because the debt owner do not want to pay Restons costs, and Restons don't do it for free.