Charge On Property And Chasing The Debt

[toffeecrisp141271]

If there is a charging order secured on a debtors property, can the debt still be chased by baillifs/HCEO etc? Thanks in advance.

[toffeecrisp141271]

Re: Charge On Property And Chasing The Debt

bump anyone know?

[Hurricane Puffrose]

Re: Charge On Property And Chasing The Debt

hiya toffee

sorry for the delay in an answer, im not an expert but I've flagged this as unanswered so hopefully the experts will be with you shortly.


p

[teaboy2]

Re: Charge On Property And Chasing The Debt

Basically No (if you meant property like house, land and not movable goods like car, furniture etc), as they have secured the debt against your property, meaning they will get their money back when you sell or they force the sale (which a judge is unlikely to allow) they can not then seek to sieze payment or goods from you to cover the debt as the charging order on your property woulf still stand, therefore by taking your goods etc, they would basically be doubling up the debt owed, meaning when you came to sell your house, you would still have the charging order covering the debt you must repay despite gaving already paid them via goods or money.

If they do send bailiffs, then simply ask for a copy of the court order that entitles them to collect money or goods, when all the claiment was granted by the court was a charging order against secured against your house.

It may also be worth contacting the court to find out whats what and letting the court know they are threatening you with bailiffs and HCEO's despite only having a charging order secured against your home.

Please note, if when you say property, and you mean ownership of goods and not property such as house or land, then yes they would be entitled to such goods.

So is the charging order secured against your home or is it other kind of property it is secured against?

[toffeecrisp141271]

Re: Charge On Property And Chasing The Debt

The chartging order is on my residential property. Just wondering whether to expect bailiffs to turn up, or an attachment of earnings order. I mean lets say there was an attachment of earnings order, the debt would be reduced on a weekly/monthly basis so the value of the charge on the house woul change all the time. If there was an attachment of earnings applied for by the creditor could I dispute it on the basis that there is a charging order covering the debt??

[Joanna C]

Re: Charge On Property And Chasing The Debt

If there is a charging order secured on a debtors property, can the debt still be chased by baillifs/HCEO etc? Thanks in advance.

Yes. The party with the Judgment is not restricted to only one means of enforcement, If the baliffs turn up with warrant of execution you can apply for suspension and have court decide whether to allow goods to be seized. If you are not making payments then baliffs will be likely to be allowed to proceed

[Joanna C]

Re: Charge On Property And Chasing The Debt

Basically No (if you meant property like house, land and not movable goods like car, furniture etc), as they have secured the debt against your property, meaning they will get their money back when you sell or they force the sale (which a judge is unlikely to allow) they can not then seek to sieze payment or goods from you to cover the debt as the charging order on your property woulf still stand, therefore by taking your goods etc, they would basically be doubling up the debt owed, meaning when you came to sell your house, you would still have the charging order covering the debt you must repay despite gaving already paid them via goods or money.



If they do send bailiffs, then simply ask for a copy of the court order that entitles them to collect money or goods, when all the claiment was granted by the court was a charging order against secured against your house.

It may also be worth contacting the court to find out whats what and letting the court know they are threatening you with bailiffs and HCEO's despite only having a charging order secured against your home.

Please note, if when you say property, and you mean ownership of goods and not property such as house or land, then yes they would be entitled to such goods.

So is the charging order secured against your home or is it other kind of property it is secured against?

The original Judgment which was used to obtain the charging order entitles the creditor to obtain a warrant of execution,

[bluebottle]

Re: Charge On Property And Chasing The Debt

A creditor who has a Charging Order on property cannot then pursue a debt by any other method without first applying to the court to cancel the Charging Order and seeking the grant of a Warrant of Execution, or Attachment of Earnings Order or Writ of FiFa. If a creditor was to try and send in bailiffs or HCEOs or go for an Attachment of Earnings Order, whilst a Charging Order was in force, technically, they would be in contempt of court and so would any bailiff or HCEO. Depending on what type of debt is involved, a bailiff or HCEO who tried to levy on/seize goods whilst a Charging Order was in force would be trespassing and liable to be forcibly removed by the police. Any levy/seziure would be invalid or, even illegal. Teaboy has given you some excellent advice and I would be inclined to contact the court and find out what is going on. If your creditor is doing something they shouldn't be doing, the court has the power to issue an arrest warrant to County Court bailiffs to arrest the creditor and bring them before the court to explain themselves and, if necessary, purge any contempt of court. The maximum penalty for Contempt of Court is six months' imprisonment.

[Joanna C]

Re: Charge On Property And Chasing The Debt

CPR Methods of enforcing judgments or orders

70.2

(1) Practice Direction 70 sets out methods of enforcing judgments or orders for the payment of money.

(2) A judgment creditor may, except where an enactment, rule or practice direction provides otherwise –
(a) use any method of enforcement which is available; and

(b) use more than one method of enforcement, either at the same time or one after another.

[bluebottle]

Re: Charge On Property And Chasing The Debt

I stand corrected.

[toffeecrisp141271]

Re: Charge On Property And Chasing The Debt

Oh. So I gather the bailiffs can take stuff, and an attachment of earnings can be processed to retrieve the amounts owed even if a charging order is in place. Never mind. Thanks for clarifying this. Not good news. Thanks.