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Can someone explain charging orders for me please. If a DCA started a claim prior to October 2012 but it hasn't yet reached its conclusion (i.e. no judgement for or against) can they apply for a charging order or do they have to wait until the court hearing to see if they win or not.

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Hi Bev

 

Well they cant apply for the ICO until a judgment is in place......with regards to your ref Oct 12 I assume you are referring to recent changes in legislation were the claimant can now get a charging order irrespective of instalments defaulted or not.?

 

Regards

 

Andy


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On a new thread cos I think I'm being watched :wink: RW have today voted against the full and final IVA that OH proposed because they say they won't write off 75% of their debt. Our IP explained to them that selling our house to fund the IVA was the only option open to us and there was nothing else we could do (bar bankruptcy) but they are adamant they want 100% of the debt. We were just worried that they could apply to the court for a charging order now so that if they win at the hearing our other debtors will have to go and fish. We won't come out of this with any money but it was the only way we could see that all our debtors would have had a fair bite at the cherry.

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