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Hi,

I hope someone can help.

 

I have recieved notification for a hearing for a charging order against my property for a ccj of 15k.

In all honesty i buried my head in the sand regarding the ccj as it was at the height of the credit crunch and my business (sole trader) failed. I losy my livelihood and was in debt.

Anyway a year after the ccj a hearing for a charging order is going ahead.

I am in a slightly better position now. In that i have managed to find a job for which i earn approximately £800 per month.

 

I do own 2 properties one of which is where they are attempting to put the charge. However, im not in a position to sell either as one has subsidence and is an ongoing insurance claim and the other (chargiing order property) probably has £60k equity assuming i could get a 2007 price for it.

 

I would be prepared to give them an 'earnings attachment order' as i assume the payments would be low considering my £800 p/m wage. But they would probably say thats too low?

 

I would appreciate some help. I dont want a charge on my property and can begin to pay back. I hope that someone will give me some guidance on my best course of action.

The creditor is the local council from whom my biz premises were rented.

 

Thanks

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Hello there.

 

How much is the best for?

 

Charing orders are quite a common method of enforcement for judgment creditors as it allows them security of knowing that they are likely to ge ttheir money back at some point in the future. Sadly, they are difficult to prevent and the vast majority of charging orders will become 'final' at the hearing. Although charging orders are commonplace it is uncommon for a judgment creditor to succeed with an order for sale - and you can give yourself some protection by asking the court to apply conditions to the charge at the hearing - such as no further action on the charge on the proviso that you pay an affordable instalment each month.

 

If you wish to try and prevent the charging order you should contact both the court and the creditor with your objections, this should be at least 7 days prior to the hearing date. For further information in relation to charging orders and the process we've a great fact sheet here:

 

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

 

Hope you find this information useful,

 

Best wishes,

 

National Debtline.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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Hi Slide good advice from ND

 

 

 

Additional costs will be incurred should the Council apply for a Charging Order. The sums that you owe will also be subject to ongoing interest and later deducted from the proceeds of any future sale/re-mortgage and passed to the Council to discharge your debts.

 

Once a Charging Order is applied the Council may also take proceedings in the Courts to force the sale of the land/property.

 

If you have been sent notice of the Council's application for a Charging Order you should pay the total sum due immediately, or contact the Enforcement Section with regards to other options (AoE)

possibly?

 

Regards

 

Andy

Edited by Andyorch
Not relevant.

We could do with some help from you.

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Some good advice there.

 

You won't be able to stop the FCO, the best you can do is ask for instalments to prevent any order for sale of the property.

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Hi Slide good advice from ND

 

If I may add, the Council Tax that you owe is subject to a Liability Order and amounts to over £1,000 then the Council may apply to the County Court for a Charging Order to be placed on any land or property that you own.

 

Additional costs will be incurred should the Council apply for a Charging Order. The sums that you owe will also be subject to ongoing interest and later deducted from the proceeds of any future sale/re-mortgage and passed to the Council to discharge your debts.

 

Once a Charging Order is applied the Council may also take proceedings in the Courts to force the sale of the land/property.

 

If you have been sent notice of the Council's application for a Charging Order you should pay the total sum due immediately, or contact the Enforcement Section with regards to other options (AoE)

possibly?

 

Regards

 

Andy

 

It isn't council tax. It's unpaid rent on a commercial property. As an aside, there is no provision for charging interest on council tax anyway (and there would not be a ccj to allow post judgment interest either) so even if there were a charging order for council tax no interest would fall due.

 

Agree with advice that no chance of avoiding final charging order, but OP should try to get restriction attached preventing OFS if payments made.

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The OP as not actually stated what the CCJ was for so:-

 

" The creditor is the local council from whom my biz premises were rented." the OP will confirm.

 

Andy

We could do with some help from you.

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The mere fact there's a ccj at all rules out council tax.

 

 

Of course Gaston my mistake..

We could do with some help from you.

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Thank you for the replies, i appreciate them.

I can confirm the ccj was for rent.

 

There is some additional information but i doubt it will make a difference.

The original ccj correspondence was sent to the 'last known address' and not to where i was living at the time.

I understand from a search on the forums here that i would be unable to have the ccj set aside due to the likelihood of it succeeding. Which obviously it would there is no doubt i owe the money.

 

But, as i didnt receive the judgment and was unaware of it (i realised when i did an experian search on myself) is there anything i can do to stop the charging order. and take the matter back a step or two?

For example could i say, 'i didnt recieve the original paperwork. But, i accept that i owe the money can i pay in instalments?' is there a possibility then that i could do this instead of having a charging order put on?

 

BTW assuming they do put a charging order on will i then have to pay further interest on the debt?

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Thank you for the replies, i appreciate them.

I can confirm the ccj was for rent.

 

There is some additional information but i doubt it will make a difference.

The original ccj correspondence was sent to the 'last known address' and not to where i was living at the time.

I understand from a search on the forums here that i would be unable to have the ccj set aside due to the likelihood of it succeeding. Which obviously it would there is no doubt i owe the money.

 

But, as i didnt receive the judgment and was unaware of it (i realised when i did an experian search on myself) is there anything i can do to stop the charging order. and take the matter back a step or two?

For example could i say, 'i didnt recieve the original paperwork. But, i accept that i owe the money can i pay in instalments?' is there a possibility then that i could do this instead of having a charging order put on?

 

BTW assuming they do put a charging order on will i then have to pay further interest on the debt?

 

 

 

Realistically the only way you can't stop the CO now is to apply to set aside the original CCJ as you were served at the wrong address and ask for it to be heard immediately before the FCO hearing.

 

That being said I don't fancy your chances...

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I totally sympathise with the OP. As some of you know, I am going through the same thing. I have a quick question though. Does the Creditor have to have obtained a CCJ before applying for a Charging Order?

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I totally sympathise with the OP. As some of you know, I am going through the same thing. I have a quick question though. Does the Creditor have to have obtained a CCJ before applying for a Charging Order?

 

 

Yes.

We could do with some help from you.

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Correct Gany :roll:

 

Think I may now know why the court has suddenly gone against my creditor and postponed any action then. There was no CCJ. That must be what the Clerk was on about to my husband yesterday. Mystery solved, thanks guys x

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Think I may now know why the court has suddenly gone against my creditor and postponed any action then. There was no CCJ. That must be what the Clerk was on about to my husband yesterday. Mystery solved, thanks guys x

 

 

 

Are you sure that's what it is? It shouldn't be possible to get a CO without a CCJ.

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Okay so i was looking through all my old paperwork in order to cobble something together for a defence and i came across several reminders from council asking me to 'sign the lease' from recollection i dont think i ever did sign a lease with them.

 

Does this change anything? If so could i possible get the ccj removed completely?

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