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Charging order advice 🙏🏼

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  • Charging order advice 🙏🏼

    Hoping someone can help!

    I had a charging order placed on my property in approx 2012. The property was joint and therefore the order became a restriction order as the debt was only on my name. We sold the property without an issue 6 years ago, not of the sale money went to the charging order debtor. The charging order was placed without a ccj, other than the land registry from my old property I had to records or info on the charge.

    if I now buy another house will the charging order be placed again on my new property?

    thank you
    Tags: None

  • #2
    Not automatically. The judgement creditor* would need to apply to the court to make a charging order.

    *There probably was a ccj. I cannot see how a charging order was made without one.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Could the ccj of existed but not been on my credit report? Also so for the charging order to be put onto a new house a new charging order would need to be applied for? How likely would this be awarded? After 12 years of the first one being placed?

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      • #4
        yes, it could have existed. Yes, a new charging order would have to be applied for. Although after all this time, the likelihood is that the judgement creditor wrote this off years ago and is not monitoring you.

        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Is there any way of finding out without causing myself more issues? Thank you so much for the help

          Comment

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