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Charging Order - from an Order of Costs


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I lost a case as the Claimant a few months ago and the Defendant was awarded costs. I have tried to come to a repayment plan with the Defendant but have not been able to reach an agreement.

 

I then applied to the court via an N244 to have a hearing and to request a repayment plan be taken on the order.

 

I was given a date of the 27 February to hear this, however yesterday I received an interim charging order.

 

This will also be heard at the same time.

 

I have read the guide on here but a great deal points to it as a debt owed to a creditor via some form of consumer finance etc.

 

This was a costs order that they are trying to enforce on a charge, should this be treated any differently?

 

The house is in my name only currently, I have a mortgage on it, however I am to get married in June - I have already been in touch with the mortgage company about this and changing it. I was told that was possible to do. Can I still go ahead with adding my partner to the property prior to this hearing? Would it look bad or prejudice me?

 

The other complication on this is my parents purchased the house some 10 years ago when I was at university and they rented it out, just under 5 years ago they sold me the house and gifted a portion to me on a proviso that I would repay them within 5 years an amount of money. If I didn't it was agreed that they would obtain part of the value of the house back to them and would agree to a security on the house themselves. The 5 years expire this year, how does this affect them and me?

 

Thanks for the help

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Hi Yellowplum

 

The provisions of charging orders in England and Wales are under the Charging Orders Act 1979 (formerly under the Judgment Acts 1838 and 1840)

A charging order can only be obtained in respect of an ascertained sum, but this would include a sum ordered to be paid at a future date. An order can be made on stock standing in the name of a trustee in trust for the judgment debtor, or on cash in court to the credit of the judgment debtor, but not on stock held by a debtor as a trustee.

 

The application for a charging order is made to the appropriate court normally without notice and considered by a judge without a hearing who will normally make an interim charging order (formerly a charging order nisi) and after a subsequent hearing on notice a final charging order (formerly a charging order absolute) can be made.

In deciding whether to make a charging order the court shall consider all the circumstances and in particular any evidence as to the personal circumstances of the debtor and whether any other creditor would be likely to be unduly prejudiced.

The charging order may be made subject to conditions.

 

If necessary, a stop order on the fund and the dividends payable by the debtor can be obtained by the creditor to protect his interest.

 

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

 

In reality you could have made application using the N245

 

Costs or consumerdebt CCA does not make any difference its a debt owed.

 

I would most definitely rush through the addition of your intended to the mortgage...that reduces your equity

 

Your final statement may have some bearing also if your parents still have legal rights to the property.

 

Regards

 

Andy

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The Interim Charging Order is in place now and registered against the OPs house so the title register cannot be amended to try and avoid a Final Charging Order.

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On the 30 November 2012 my claim was dismissed by the court, at the time I was ordered to pay a proportion of costs to the Defendant of £11,650 by 30 December 2012.

 

I had attempted to settle with the Defendant and come to an arrangement, but without success, I then applied to the court to have a variation order to pay by installments and also informed the court that I was looking for full time employment to assist with the repayment.

 

I was given a hearing date of 27 Feb 2013, last week I received an interim charging order against me for the value of the claim - the hearing for this is to be heard at the same time as my application to vary the payment order.

 

I have completed a budget sheet that I sent to the court with my application. I have been attempting to find the money to clear this debt but have been unsuccessful thus far because of the actions of the Defendant, my mortgage company told me that they will not extend the loan because there is an interim charge. The other issue is that I now have a CCJ against me because they have attempted to enforce the original order.

 

What can I do to prevent this charge, and any additional costs against me?

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Threads merged...Yellowplum please do not start multiple threads on the same matter.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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