CHARGING ORDER - PLEASE ADVISE

firsttimeuk · **Joined:** Thu Apr 17, 2008 11:36 pm **Posts:** 4

please can anyone confirm that the only way a charging order can be put on the property is if firstly a CCJ is granted - and secondly you default on any CCJ arrangement?

regards

First

Yogi Bear · **Posted:** Tue Apr 22, 2008 7:27 am

Yes - the creditor can only apply to for a Charging Order if there is an unpaid CCJ:
http://www.hmcourts-service.gov.uk/info ... g/when.htm

Tag · **Joined:** Wed Dec 13, 2006 2:42 pm **Posts:** 125

Our creditor went for a forthwith judgement which meant they were asking for the full amount of the debt to be paid. Obviously we couldn't do this or we wouldn't of been in debt to start with. So basically we then defaulted on the CCJ and a charging order quickly followed - which we tried to defend but the judge awarded it anyway.

This is the information on the National Debtline web site:-

The creditor can apply for a charging order if they have a county court judgment against you and:

you have been ordered to pay the whole debt immediately or by a certain date, (this is known as a 'forthwith' judgment) and have not done so; or
the court has ordered you to pay the judgment by instalments and you have missed one or more payments.

disneylover43 · **Joined:** Sat Mar 08, 2008 9:57 am **Posts:** 926

Its becoming a fashionable thing now for creditors to go straight for a charging order,
You can put your account into dispute to halt any further action by asking for the original CCA,

We are in dispute with two of our creditors at the moment and are just about send for a CCA from one delightful agency :mrgreen:

royston · **Joined:** Wed Feb 13, 2008 12:37 pm **Posts:** 460

disneylover43 wrote:

Its becoming a fashionable thing now for creditors to go straight for a charging order,
You can put your account into dispute to halt any further action by asking for the original CCA,

We are in dispute with two of our creditors at the moment and are just about send for a CCA from one delightful agency :mrgreen:

I take it you still have to have a CCJ against you though before they take that route?

disneylover43 · **Joined:** Sat Mar 08, 2008 9:57 am **Posts:** 926

royston wrote:

disneylover43 wrote:

Its becoming a fashionable thing now for creditors to go straight for a charging order,
You can put your account into dispute to halt any further action by asking for the original CCA,

We are in dispute with two of our creditors at the moment and are just about send for a CCA from one delightful agency :mrgreen:

I take it you still have to have a CCJ against you though before they take that route?

what company have threatened a charging order ?
Has the debt been passed onto a debt collection agency?
Because if it has and they have just written with the threat of a charging order then you can put the account into dispute by writing to them and asking them for the original CCA which they have to produce withing 12 working days .

bluesky · **Joined:** Tue Jan 22, 2008 12:01 am **Posts:** 626

I have the opinion that a company can get a charging order for a loan if the debt would have been secured had the credit provider known of an asset or would have been able to secure the loan at the time and it is now in default.

can anyone advise ?

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CHARGING ORDER - PLEASE ADVISE

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