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Charging order vs HCEO

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  • Charging order vs HCEO

    Hi,
    I have recently obtained judgement against a sole trader for £3,000

    I have obtained an address for him and I have confirmed that he owns the property, along with his domestic partner.

    I suspect that he is reasonably savvy with regards to visits from HCEOs and so I believe it is likely that such an enforcement approach would be unsuccessful (and so a waste of the initial fee and the failure to enforce fee).

    If I do try the HCEO first, would I be able to add any enforcement fees to a later charging order?

    Would having gone down the HCEO route first, increase the likelihood of obtaining a charging order?

    If I do go down the charging order route, and I do the work myself, and it goes to a hearing, is it likely that a court would awarded me travel expenses and.or litigant in person costs?

    Any thoughts on the above would be much appreciated.







    Tags: None

  • #2
    I have read elsewhere that transferring the CCJ up to the High Court for enforcement will also have the effect of making statutory interest payable on the debt, even where it is below £5,000. Can anybody confirm whether that is correct?

    If so, having it transferred to the High Court first would seem like the way to go, even if the enforcement is unsuccessful and a charging order is then submitted.

    Although I would like the money now, I would be happy for it to accrue at 8% until the debtor decides to pay.

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