Can anyone give me some help advice regarding a charging order.

I currently have HCEO's trying to enforce a CCJ/Writ of control for £3600 against an Individual but they are not having any success

and it looks like that avenue will be a lost cause.

I am thinking that the next best option is to have a charging order put on one of the properties the individual owns.

I understand that there is a court fee of £100,

does that cover the cost of the hearing,

will there be any other costs and

what can I expect to happen at the hearing?

Also it says on the charging order form guidelines that I need to carry out an 'RP check

' and 'prepare an imminent proceedings list',

what are those?

thanks for any help/advice you can give

Colin973, you will find the procedure in Civil Procedure Rules Part 73. You will also need to read the accompanying practice direction.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part73

Have you not considered a Stat Demand or Third Party Debt Order.......if you know their banking details ? Charging Orders only provide security of the debt and does not guarantee any payment.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/insolvency_pd

Regards

Andy

Legalistic

I seem to be having a problem with the link, when I click on 'http://www.consumerforums.com/resources/legal-guides-and-manuals/53-small-claims-procedure-a-practical-guide.html' it just open another http://www.consumeractiongroup.co.uk/forum/index.php page.......do I need to have access or something?

Andy

I wasn't aware of a stat demand or third party debt order and am not sure how they would work in this situation as the defendant is cash poor but asset rich, if he has no money in the bank or any disposable income after his outgoing what good would one of these order be. My plan was to go for the charging order on a property that is solely in the defendants name that he currently has rented out. I am unsure, which is why I was asking what happens at the hearing whether the court will just apply to charging order or will they also instruct the defendant to adhere to a monthly payment schedule?

Neither will happen apart from the Charge being made final...it is not really a means to get payment.The only reason I suggested the above was that you stated he had " properties" I therefore thought that said properties would be generating income...rent?

Link added in post #2

Ok, I'm a bit confused as I have just read on the Citizens Advice website that when a charging order is made final, conditions can be attached to it, for example, the charging order may say the defendant has to pay back the creditor in instalments. It also says that I can apply for an order for sale straight away as long as the debt is greater then £1000.

He is generating income (£750pm) from the said property that I am intending to put the charge on but I don't know which if any of his accounts (I know of 2 bank accounts) the money is being paid into if at all. My thinking was that at the hearing, I could provide the evidence that he has this income on the property and then have the conditions of instalments attached to the order, would that not be my best approach?

I think you may find that its at the discretion of the DJ with regards to re payments of the debt......but in most cases the FCO hearing is only to secure the charge....attaching conditions is normally from the defendants perspective.

Orders for sale are as rare as chickens lips...so just be aware.

Sadly this matter has been dragging on for over a year and a half now and I really don't have the time or energy to pursue the third party order as I believe it will end up a can of worms, trying to find out which account the money goes into, if any and all the serving of papers needed., the defendant is as slippery as they come and it will be a nightmare I just want to get a resolution and if that means that I can get the defendant in court and for a charging hearing and get the charge made final with no payment conditions attached then that will be enough for me, I will have secured the debt even if its on the never never as such. I will take my chances that I can appeal to the DJ discretions, hopefully that will be enough. Can you tell me what an 'RP check ' and 'prepare an imminent proceedings list' are and how I go about them?

I cant help thinking a Statutory Demand for Bankruptcy was your best option at the time

I believe that has now increased from £750.00 to £5000 so the horse has now bolted

I cant help thinking a Statutory Demand for Bankruptcy was your best option at the time

 

I believe that has now increased from £750.00 to £5000 so the horse has now bolted

This change should come into force in October 2015....still set at £750

Andy

RP check....

http://www.hmrc.gov.uk/manuals/dmbmanual/DMBM615040.htm

imminent proceedings list

http://webarchive.nationalarchives.gov.uk/+/http://www.hmrc.gov.uk/manuals/recmanual/REC1715.htm

Thanks androych for the confirmation

That is the answer then

Issue a statutory demand for bankruptcy before it is to late in my opinion

What are the costs involved with getting a statutory demand? I'm aware of how much it will cost to 'serve' the demand but what others costs will I need to be aware of?

I looked at the charging order as the quickest and cheapest way to get a resolution, i.e. £100 for the order/court fee and then I get to face the defendant in a hearing, if I don't get the money for 5,10 or 20 years I don't care as long its gets paid at some point The back story to the debt is that the defendant (a sub contractor) owes myself and a work colleague (both self employed) unpaid wages for work we carried out for him. He pulled off a job soon after starting the works but was paid a 'settlement' amount for the work carried out by the main contractor along with other monies owed from another job. What I need to do is get the defendant in front of a judge to argue/prove he owes us the money, during a previous 'order for questioning' the defendant claimed he 'was going to pay us but then got very sick' and then contradicted that by saying he 'agreed with the main contractor that they would pay us'. I have a letter from the main contractor saying that there was never an agreement to that effect and that he told them he would pay us. I would rather not go down a path that will involve lots of more time and money only to face a judge who might decide we don't have enough evidence against him. The most important thing for me is to get him in front of a judge to argue/prove my case, when I get the money isn't an issue for me. That said, would I not be better to stick with the charging order?

There is no initial fee to serve a SD....You can present a bankruptcy petition without serving a statutory demand if:

• enforcement fails to get some or all of the money; and

• the debt for bankruptcy equals or exceeds £750.

Should the defendant fail to comply and you have to proceed to Bankruptcy the current fee is £ £750 petition deposit (for managing the bankruptcy) & £280 for court costs.

Regards

Andy

Thanks for you help Andy. I've just been reading up statutory demands, that does sound like it could be a be very viable option after all.

Would my following grasp on how the process works be right in that once I have served the defendant he has 21 days to either pay the debt, contact me disputing my claim and asking me to withdraw the demand or contact the court to have it set aside after which a hearing will be arranged where I can then fight my case. Do I need to contact/lodge the demand with a court before those 21 days are up? In the event that the defendant doesn't respond to the demand/ignores it and I proceed to bankruptcy will the lack of response/action from the defendant work in my favour?

21 days to settle ...18 to set a side....

Take a read here Colin...Im a tad busy at the moment to explain the process.

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thanks again for all your help

I would be grateful if Andy or anyone could help with some further advice on this matter.

Having read up on a Statutory Demand I am unsure this would be the best method as it concerns me the costs I could be liable for (i.e. bankruptcy proceeding costs and the defendants legal costs) should the DJ not find with my side of the claim/argument given the basis of my claim against the defendant is he has defrauded myself and my workmate as creditors which could been interpreted either way. I was thinking of using a Third Party Order instead, which correct me if I am wrong I could have sent to the tenant in the property the defendant has rented and who is currently paying him £750pm rent, would this not be a better option for getting the defendant in court for a hearing to argue my case?