Successful CCJ/CO(only a restriction k) against builder - but he still won't cough up

[Terrier1]

Hi,   I applied for a charge order (  N 379 )  against property owned by a person who owes me money from a CCJ but as not paid a penny so far. 

An interim charge order was been granted and the person objected and at a hearing  asked for the Charge order to be " set aside ".

His case was dismissed.

 

I need to know what happens next.

Does the final charge order automatically take place, or do I have to perform further work myself ?

 

I have contacted the County court where the hearing took place and also the land registry, but one has not replied and the other replied but did not answer the query.

 

Does anyone know the answer or are able to let me know where i can find the answer.        

[dx100uk]

is he sole home owner?

 

[Terrier1]

dx100uk,   no he is joint owner.  The interim charge order is already shown on the title register of the property and the other joint owner ( wife ) has been served with the notification papers as per the procedure. 

[AndyOrch]

Applying for a charging order involves two stages: the interim charging order and the final charging order.

Interim charging orders

If your creditor decides to apply for a charging order:

1. Your creditor sends a form to the court along with proof from the Land Registry that you own, or jointly own, your house
2. If the court agrees that you own a share of the property and a charging order is allowed under the rules above, you'll be sent an interim charging order on form N86 and a copy of the creditor's form N379. These show the reasons they've applied. This is also sent to your spouse or civil partner, any other joint owners of the property and your mortgage company or other secured lenders
3. A restriction will be placed on the Land Registry, stopping you from selling your house until the final charging order hearing. You will get a form B136 from the Land Registry telling you this has happened. You don't need to reply to this form

The interim charging order is issued without a hearing. If you do nothing, a final charging order will be issued 28 days later.

If you want to object to the final charging order, you must write to the court and creditor within 21 days of receiving the interim charging order. The court may then arrange a hearing to make a decision.

Reasons to object might include:

• The property doesn’t belong to you, and you are not entitled to a share of any equity in it
• The CCJ happened before October 2012 and you’ve not missed any instalments set by the court
• The creditor has not followed the application process correctly, for example they’ve not informed your spouse or civil partner

You can also write to ask the court to set conditions on the charging order. One condition that we recommend asking for is an affordable instalment order, if one is not already in place. This is where the court sets a regular payment. If the court agrees to this and you keep up with the payments, the creditor will find it much harder to take further enforcement action through the court.

If no instalment order is set there’s a risk the creditor could take further action, for example by instructing enforcement agents (bailiffs) to visit. If your CCJ was date 1 October 2012 or later, an instalment order which is up to date also prevents the creditor applying to force the sale of your home.

Final charging orders

For the second stage of the charging order process, if you’ve not made any written objections, a court officer or sometimes a District Judge will decide whether to make a final charging order.

If you wrote to the court and creditor with objections, or you requested other conditions are applied, the court may arrange a hearing to decide whether to make a final charging order.

The hearing will be at your local County Court hearing centre. The hearing will usually be in private chambers with a District Judge and normally a representative from the creditor. The judge will listen to both sides and decide whether to make the final order or not, and what conditions if any are to be applied.

Once a final charging order is made, you’ll get a letter from the court confirming this on form N87.

 

Regards

 

Andy

[dx100uk]

so wont this thus be a totally useless restriction k andy?

 

[Terrier1]

Thank you for your replies. You have answered my query. I was not aware of form N87. I have looked at the form on line and I have not received it from the county court yet ( hearing date 5/11/20). So i can now chase them and refer to the form.

 

Thank you andyorch and dx100uk.    

[dx100uk]

if its a restriction k you'll get that's useless to you 

you'll never get your money even when they sell

 

look at otherways to enforce your judgement.

[Will Goodfellow]

4 hours ago, Andyorch said:

Applying for a charging order involves two stages: the interim charging order and the final charging order.

 

It would be good if you could at least credit Stepchange for your copied and pasted information:

 

https://www.stepchange.org/debt-info/debt-collection/charging-orders-and-my-home.aspx

 

You can still apply for the final charging order to secure the debt against the property.

You can then apply for an order for sale once that's granted but the joint owners' situations would need to be taken in to account by the court.

 

Whether or not it is granted depends on the status of the home and what the intention of the joint owners was when the property was jointly purchased. If it is a family home with children, the order for sale is unlikely to be granted.

 

If there is insufficient equity in the property to cover the debt and the debtor cannot make any repayments, it's also unlikely to be granted. Disabilities of the occupants can also be taken in to account. Depending on who the occupants are and why they are joint occupants, it may be difficult to force a sale.

[Terrier1]

Thank you for your helpful replies.  I am waiting for Form N87 from the County Court ( i will be chasing this up ).

Next question.  When i receive form N87 what do i do with it ?  Is a copy sent direct to the land registry or do i have to send it and if so is there an accompanied form to go with it ?  

[dx100uk]

hope you are not believing you will actually get anything out of this via a restriction k?
 

dx

 

[Terrier1]

dx

    I note your comment and i have checked and I it is a non- standard registration and not a standard form K, charge order.   

    I accept that this does not guarantee immediate payment. My case is that the debtor owes a five figure sum from a CCJ in my favour for over twelve months and he has not paid a penny.  

    I am also proceeding with court action to enforce payment, and the charge order strengthens my case to ensure the debt is paid at some point. 

    As i stated in a previous post, when i receive the N87 I would like to know what i need to do with it. Do i need to inform the land registry and if so are there any forms that need to accompany it.

    Cheers

              

[Terrier1]

Advice required please.

 

I am owed a five figure sum by a builder. I have a Judgement in my favour against him, but he just ignores every attempt to get him to pay. I submitted an "order to attend for questioning " ( where he has to provide all his financial information under oath ) as a step towards an Attachment of earning order. 

 

He did not attend the hearing nor provide the information. I was advised by the court because of non attendance  that the matter  would be referred to a Circuit Judge as only they can sign/ approve a " suspended committal order " ( whereby a further non attendance would allow bailiffs to arrest him and bring him to court.). 

 

Another hearing was arranged and the guy did not attend again. I was expecting the suspended committal order to be actioned, however another hearing date as been arranged. Try as i might,  i cannot obtain clarification from the court if a circuit judge ever sign/ approved the suspended committal order in the first place.  I suspect not. 

 

Question : why would a circuit judge not sign/ approve the suspended committal order ?

 

Question:  who can i contact within the legal court system to get answers ?   

I email all sorts of people, but just get referred on, with no real answers.

Thanks in advance    

 

 

 

  

 

[dx100uk]

is this:

 

Interim Charge order to final charge order ? - General Consumer Issues - Consumer Action Group

[Terrier1]

No. 

My query refers to a county court judgement in my favour.

NB  The charge order is sorted.  It is on the same person's property. 

 

[dx100uk]

so is related 

i'll merge them as is gives a greater more informed picture.

is his property with your charge on it solely in his name?

edit : i see it is a useless restriction k. after merging threads

 

now, i will assume this judgement is for greater than £600 so why didn't you cross courts and send in the High court Bailiffs but went down the somewhat useless  county court enforcement route?

[Terrier1]

I have a CCJ in my favour for a five-figure sum against an individual.

There is a "suspended attachment of earnings" against him in my favour (which he is paying monthly), but it will take twelve years to pay off the debt. That is too long to wait and i have no confidence he will keep paying.

 

His circumstances are:

employed,

jointly owns house worth £320k, with £80k mortgage (£120k equity in his name).

No valuable saleable assets in his name.

Married with two children living at home (both over 18).

 

Is my best option to recover my money to petition him for bankruptcy? 

 

The threat of bankruptcy may make him find the money to satisfy the debt. If the petition is successful, is it realistic that the official receiver will sell his family home to satisfy my debt?

 

I don`t want to waste my money (£300+) filing for bankruptcy unless there is a good chance it will settle the matter to my satisfaction. 

 

Any advice would be welcome.               

[dx100uk]

why didnt you send in HCEO's?

 

dx

 

[dx100uk]

threads merged yet again.

 

so why didnt you send in HCEO's as advised almost a year ago?

 

dx

 

[Terrier1]

dx100UK      Thank you for your reply. I didn`t send in the HCEO because i did not believe the person has assets of sufficient value. Two cars at house but not in his name etc. 

[dx100uk]

well surely thats for the HCEO's to find out?

for £60 it might have been worth the punt.

[stu007]

Hi

 

I have to agree with dx100uk send in the HCEO's it is for them to assess what asset's this individual has that can be used to pay back your money.

 

As for the two cars the Registered Keeper on the V5C does NOT state they are the Owner of that specific Vehicle and it also clearly states that on the V5C so the V5C is NOT Proof of Ownership. (that is for HCEO's to sort)

 

As for your suggestion of Bankruptcy if there are other Debts owed by this individual that you are unaware of then with Bankruptcy all Creditors which you would be one would end up on a list as to what asset's this individuals has to pay off the debts incurred by all Creditors on that long list so you may end up at the back of a long list and still doesn't guarantee you will recoup your money.

 

IMO get the HCEO's in yes there is a cost for this but let them deal with what asset's they do or don't have to recoup your money

 

 

[dx100uk]

11 hours ago, Terrier1 said:

The threat of bankruptcy may make him find the money to satisfy the debt. If the petition is successful, is it realistic that the official receiver will sell his family home to satisfy my debt?

very doubtful sale of home would ever be forced.#

thought as the children are over 16 unless they are vulnerable etc would play no part.

 

get those HCEO's running....

 

dx

 

[Terrier1]

dx100UK  and stu007  thank you for your replies.

[BazzaS]

Does the charging order not preclude applying for a bankruptcy as it is a secured debt?.

Although, there could be mileage in arguing that if it is merely a Restriction K then it isn’t secured, and so shouldn’t preclude insolvency proceedings!

Edited October 9, 2022 by BazzaS