Charging orders

[petelyn]

Hi I had a charging order on my property in 2010 with negative equity

went bankrupt 3 months later

 

 

my question is the original ccj for charging order comes off my credit file in January 2016

 

 

I realise I will Have to pay CO when I sell property

but after ccj comes off my credit file will the charging order still affect my credit file.

[citizenB]

The CCJ/Judgment should fall off both your credit file and Trust online after 6 years. Was the CO not swallowed up into your BR ?

[Guest]

.... Was the CO not swallowed up into your BR ?

 

s3 (5) charging order act upon application?

seems though a prior CO (even interim) can survive a bankruptcy, depending on the circs. and not being a 'preference'. eg

https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch1-12/Chapter9/part7/Part%207.htm

whether this info is uptodate? http://www.largo-law.co.uk/2010/01/charging-order-survives-bankruptcy/

[petelyn]

The CCJ/Judgment should fall off both your credit file and Trust online after 6 years. Was the CO not swallowed up into your BR ?

Thanks for your reply but the CO was made about 8 weeks before our bankruptcy so we couldn't add it to bankruptcy apparently, so we were just concerned this would show up on credit files or land registry and stop us getting future credit and move on with our lives.

[dx100uk]

if your sols are clever..you don't HAVE to tell the CO owners you are are selling...:wink:

[AndyOrch]

if your sols are clever..you don't HAVE to tell the CO owners you are are selling...:wink:

 

Dependent on whether its a Full Charging Order or just a Restriction DX

[petelyn]

Ooh here we go

 

 

car finance company has just conveniently rang me to say they don't want to make life awkward for me

but they want a payment or a offer of payment on this C O,

 

 

they prob know the ccj comes off my name in January 2016,

 

 

i have still got no equity because I am still paying arrears off to mortgage company

 

 

what should I say to them as our income will not stretch any further at present,

 

 

and what can they do to us.

 

 

Also just noticed the ccj was for £2260 now they say it is £2450

[dx100uk]

tough you don't have to pay them anything.

 

 

nor talk on the phone!

[AndyOrch]

What date in January does the CCJ fall off the Register?

[petelyn]

What date in January does the CCJ fall off the Register?

January 2016

[AndyOrch]

January 2016

 

What date in January ?

[petelyn]

January 27 th 2016

[AndyOrch]

So basically in 6 days time the CCJ will have past the 6 year anniversary and the claimant may have to take further steps to be able to execute it.

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

[petelyn]

I thought that after the ccj falls off credit file the debt is gone, but The CO stands and it only comes into force when I sell my house sorry to me not understanding your reply. What action can they take against me after ccj falls off file. thank you .

[AndyOrch]

They can issue a an attachment of earnings...a statuary demand to make you bankrupt...a third party debt order to freeze your account and help themselves...or even force sale of your home.