Can a charging order be challenged after it becomes final?

[Viatro]

Can a charging order be challenged after it becomes final?

 

 

My son has a charging order for £500 on his house caused by a person who took advantage of him during the onset of his mental illness.

 

 

The person bought a dog off him and my son promised to forward on the dogs Kennel Club papers.

 

 

Although the dog was a pure pedigree my son who at this time was mentally ill, couldn't get hold of the KC papers for whatever reason.

 

 

The person took him to court, my son didn't attend and the judge gave this person judgement for a refund of the money and permission to keep the dog.

 

To cut a long story short my son is so ill that I have power of attorney over his affairs,

 

 

I am in the process of selling his house and this story has just come to light as I am winding up my son's financial affairs.

 

 

This charging order is now two years old

 

 

in my eyes is blatantly unfair as this woman gets to keep the dog ( which I assume is worthless without the KC papers)

and also gets her money back, surely this cannot be fair.

 

 

If you get your money back for faulty goods, surely you don't get to keep the faulty goods?

 

 

Any comments or advice gladly received.

[AndyOrch]

Hi Viatro and welcome to CAG

 

I have moved your post from the Charging Order sticky to your thread ...which is now situated in General Legal Issues...were you will get a far better response.

 

Regards

 

Andy

[legalistic]

It is hard to see what other decision the judge could have come to regarding the dog. Returning it to your son would have been cruel as the dog would presumably have become attached to the purchaser.A charging order can be appealed, as could the original judgment. But 2 years is way too long for that. Your son is fortunate that no interest has been accruing on this small debt.