Redermination held today decision confusing

A question about : Redermination held today decision confusing

Hi,
Not sure if I should start a new post or continue with old.

Anyway went to court today for redermination forthwith as awarded CCJ of Ј40 and MBNA not happy as want charging order so redermination forthwith was held.

Judge was quite amusing asking why MBNA solicitor was there in the first place, as instalment order already been granted, (snigger) when they said it would take too long for me to repay his debt he added well you shouldnt have leant her the money then should you nearly burst out laughing.

So the decision was to keep my installment in place as agreed with judgement but he would allow this to be reviewed by MBNA or a charging order be applied for at a later date.??.....
So they will now apply for charging order hearing but I dont have to pay the full amount forthwith.

I am totally confused now, is that better or worse?

Best answers:

• In my case this meant that I had to keep making the agreed payments and only if I didn't were they able to pick up the threads of the application and to continue with a Charging order.
  They didn't, because I kept up the agreed payments and paid the debt off.
  Did you get any paperwork re the judgement?
  MG
• Wow! Sounds like a very clued up judge you had! Well done!
  I agree with MG - just keep making your monthly payments and in probably 6-ish months MBNA will come back to you asking for an increase...if you want to offer more you can or you can keep it as it is - ONLY A COURT CAN SET THE AMOUNT YOU PAY - NOT A CREDITOR! - So don't be bullied by them, ok?
• Hi,
  The judge was really quite nice, he wasnt impressed the solicitor didnt have much paperwork on the case either lol.
  I will post up the exact decision when I receive from the courts and I will definatly be making my payments without fail,
  Just to throw another spanner in, when I was preparing for the case (I have all my statements) and from Feb2008 to Feb 2009 they increased my credit limit 5 times from Ј3300 to Ј9300.......Ј6k! and at the time in 2008 the banking crisis was occuring
  I was considering putting in a complaint to the ombudsman as I didnt request the increases and I think that it is completly unjustifiable, and has partly caused my financial difficulties.
  What are your thoughts oh experianced ones?
• Hi,
  Oh I know not denying the spending bit, although didnt spend for a while only when things started to get tough.
  I just think its an awful amount of money to be accrued in credit in a short space of time when the climate is very unbalanced so they must have known how going forward it would get tight for consumers and basically started cashing in on the opportunity........knowing they could then turn thier debt into secured debt by appling for charges on consumers propertys.
  Just a thought, but probably realistic lol
  S
• Hi,
  UPDATE ON COURT LETTER.
  I recievd the letter from the court with the details on so if anyone can put into laymens terms as to what this means I would appreciate it.
  It is ordered that
  There be an order by instalments to continue at the rate of Јxx per month as already ordered.
  Liberty for both sides to review the order.
  If so advised claimant be permitted to apply for a charging order, notwithstanding the instalment order already made.
  date xx/xx/xx
  S x
• I don't think we've linked to this factsheet before
  Factsheet | Charging orders in the county court
  The relevant paragraph is this I think
  Quote:
• Hi,
  Thank you for that.
  Yes the the little weasle..... oops solicitor, did say they would still apply for the charging order.
  I have not and will not default on my payments so I think if they apply for an interim charging order I will go back and fight again.
  I just wish they would get lost lol, I hated the whole court thing.
  Does the CAB represent people in some cases then?
  S x
• Wow thank you, you guys make it so much better to understand,
  Yes the debt was around 8/9k so payment was low but judge reminded the solicitor "you shouldnt have lent her the money" if you are not happy with how long it takes to pay back.
  I guess I will just wait until the next court letter comes in the post in a few months time for round two lol.
  S x
• Hi, Dont worry I have set up a standing order and will make sure it is paid without fail as I know they will be wanting me to fail the payments.
  Mmm I kind of read it that irrespective of me making the payments on time they can still apply for a charging order anyway?
  I will definatly update all if and when round two letter comes from them as I will be all in a tizzy again, it will be interesting to see the the next move.
  I have a feeling that Restons are not about to sit back and wait for me to fail my payments somehow.
  S x
• No I agree, the judge was actually quite annoyed by why they were even back in the first place, as I had just been given instalments so I think it depends on the judge on the day.
  And thanks to the advice on here I went prepared, looked smart and called him "sir", even though I didnt need my paperwork, I had more than the solicitor had with him, which also aggrevated the judge lol.
  I would definatly recommend people go to the hearings, its so important.
  S x
• Hi back again grrrr
  Well today I got a letter from solicitors reading:
  "We enclose by way of service an interim charging order dated 5th february 2012 which is returnable for 8th March @ 11.00am at bla local court.
  we enclose n379 form dated 30/1/2012 filed with the court in support of claimants application.
  if you are aware of any creditors not mentioned please advise bla bla."
  So can they just get an interim charging order without my knowledge??
  I havent missed any of my payments even though only 2 since last court date!
  God I really dont want to be dragged into court every couple of months they are relentless.
  I dont know what to do now.....do you think the mercantile rule will apply to me based on the judgement given??
  Any help would be really appreciated soooo stressed. x
• I was just about to repeat everything I said in post #9.
  I would suggest getting something in writing, to both Restons and the court, ahead of that date.
• I agree with fatbelly - Mercantile case needs to be stated to the judge at the hearing.
  Fatbelly, what exactly should Shock put in writing to Restons (sharks) & the court? Witness statement citing Merc case law? Sorry for being thick, just want to be sure. =)
• Hi,
  I was going to put a few things to oppose c/o firstly it would unduly dissadvantage other creditors, I was going to refer to mercantile case (although not sure applies re judges allowing creditor to apply)
  I have also made complaint to MBNA and now ombudsman re unfair lending in relation to credit limit increases which ombudsman looking into.
  I was also going to question why payment of Ј25 was accepted by solicitor at outset to repay debt but now is not accepted 3 months later? especially as payment on ccj is higher @ Ј40 than payment they agreed on when debt was passed to them.
  I thought I would try everything I can lol
  any thoughts?