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Charging order

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  • Charging order

    Can anyone help with how to deal with a charging order. I got a letter just days before Christmas saying a interim charging order as been made against me on reading the info it turns out that this debt company had a ccj against me back in 2011 which I never knew about and have not heard anything from them from then till now which came as a shock so need to put a good defence together to put to the courts one turn down this judgement of the charging order and two what I can do abiut the ccj if I had this old ccj set a side die that mean the debt would then become status barred or would it just mean the clock would start again as like it was 2011 again
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  • #2
    Oh a lovely christmas present for you .

    If the original judgment was obtained in 2011 then the Claimant should have applied to the court to enforce the judgment if they had taken no enforcement action over the past 6 years. Judgment debts don't go statute barred as such, but permission of the court is needed to enforce.

    How have you found out about the charging order - from the Land Registry or a notice of hearing for a final charging order from the court ? or a copy of the application from the Claimant ?

    How much is the judgment ?

    The risk of applying to set aside the judgment now, is that if you went on to lose the case the CCJ would be applied from a new judgment date and be on your credit file for another 6 years.

    So really need to know exactly what you have received from who, and a bit of background to what the debt is.
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    • #3
      Well the first I know of it was from the debt company IND Ltd and today I got a letter from the land registry the total debt is 5300 I have sent a oblection to the courts using some case law duer vs frazer and a couple of other reasons one being why no enforcement as been taken before now and that if I am forced to sell my property they wouldn't get anything from the sale to pay off the debt I have emailed the company asking for information concerning the debt but I am still waiting for them to reply so any further help would be greatful

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