charging order

[MRS T]

Hi


Can someone put a charging order on a property that is jointly owned. The debt is on the husbands name only.

Also any idea what an Order for recovery of award is? Friend of mine has just received one and has received no previous paperwork at all. They just got this in post today.

Any help would be great.

Thanks

[Kafka]

Re: charging order

A Charging can be placed on a property that is jointly owned, and it just secures the money awarded in the CCJ against the property, so that it flags up immediately that the house is sold so the CO is paid off from the sale. It's actually a good thing that the house is jointly owned because that makes it even more unlikely that the creditor could apply for an Order of Sale, which would force them to sell just to pay off the CO. In practice that very rarely happens anyway, and when I was in court about this the judge told me that he had only ever granted an Order of Sale a few times and that was only where the debtor had simply refused to repay the debt (and was presumably stroppy in court).

I believe that an Order for Recovery of Award is like Liability Order, which grants legal powers to the creditor that will enable them to take further action like an Attachment of Earnings or bailiff involvement. Can you give more info about the circumstances please?

[MRS T]

Re: charging order

Hi I don't knowi much more other than they have not had a ccj just this award thing from the county court. It is for their arrears on council tax but they have an agreement with the council they have been paying with no problems. Just this came out of the blue....bailiffs not involved or anything.

I thought the council would have to get a ccj first then if no payments were being paid etc to allow them to apply for charging order.. ? It makes no sense. Can they get it set aside?

Also the debt is on another property but they are applying it to their home address.

Thanks

[Kafka]

Re: charging order

Councils usually pursue Council Tax debts through the magistrates courts to get a Liability Oder so that they can then make a repayment arrangement. If that agreement fails then they can quickly use the Order to force bailiff action or an Attachment of Earnings.
Are you sure this is a CCJ and CO for Council Tax arrears?

[MRS T]

Re: charging order

Councils usually pursue Council Tax debts through the magistrates courts to get a Liability Oder so that they can then make a repayment arrangement. If that agreement fails then they can quickly use the Order to force bailiff action or an Attachment of Earnings.
Are you sure this is a CCJ and CO for Council Tax arrears?

Yes definitely for council tax. No ccj has been received or granted.

The payments have all been made as per their arrangement with no problems just this award order arrived today. It is not signed by anyone or no judge is mentioned..... very strange.

It has n322 0n it and states it's from a Proper Officer?????

[Amethyst]

Re: charging order

N322 Order for recovery of a money award by a tribunal ?

I believe basically that means they can now enforce the liability order. ( as Kafka mentioned before) She'd be best off giving the council a call and asking them about it.

[nemesis45]

Re: charging order

Hi


Can someone put a charging order on a property that is jointly owned. The debt is on the husbands name only.

Also any idea what an Order for recovery of award is? Friend of mine has just received one and has received no previous paperwork at all. They just got this in post today.

Any help would be great.

Thanks

This is often used to recover wrongly paid " tribunal " awards, and has also been used to recover awards for matters such as underpaid and unpaid wages when company goes into liquidation after paying such amounts.

Also for overpayments of certain benefits such as carers allowance among others.

[MRS T]

Re: charging order

N322 Order for recovery of a money award by a tribunal ?

I believe basically that means they can now enforce the liability order. ( as Kafka mentioned before) She'd be best off giving the council a call and asking them about it.

Hi

There is no tribunal involved or child support issues or anything at all. Very strange. She rang council but they were not sure themselves!!!

Payments are being paid as agreed and no issues there just this arrived out of the blue. It does seem as if the council trying to back up the liability orders but don't know why as they have made a written arrangement and my pal hasn't defaulted on this at all. It's come from a Proper Officer whatever that means...

Weird.

Wouldn't the council have to get a ccj to apply for a charging order in any case?

[MRS T]

Re: charging order

N322 Order for recovery of a money award by a tribunal ?

I believe basically that means they can now enforce the liability order. ( as Kafka mentioned before) She'd be best off giving the council a call and asking them about it.

Hi

There is no tribunal involved or child support issues or anything at all. Very strange. She rang council but they were not sure themselves!!!

Payments are being paid as agreed and no issues there just this arrived out of the blue. It does seem as if the council trying to back up the liability orders but don't know why as they have made a written arrangement and my pal hasn't defaulted on this at all. It's come from a Proper Officer whatever that means...

Weird.

Wouldn't the council have to get a ccj to apply for a charging order in any case?

[Kafka]

Re: charging order

Charging Orders attach to CCJs through the civil courts. Liability to councils is a criminal matter through the magistrates courts, which is how they can threaten you with jail. I don't think this case has anything to do with Charging Orders, which is where a lot of the confusion has come in.

[MRS T]

Re: charging order

Y

Charging Orders attach to CCJs through the civil courts. Liability to councils is a criminal matter through the magistrates courts, which is how they can threaten you with jail. I don't think this case has anything to do with Charging Orders, which is where a lot of the confusion has come in.

Council threatened to instigate proceedings for charging order.

[FlamingParrot]

Re: charging order

Wouldn't the council have to get a ccj to apply for a charging order in any case?

A CCJ is required before a creditor can apply for a charging order when it comes to consumer credit debts, however, for council tax, the council can apply for a CO after obtaining a Liability Order from the magistrates court as long as the debt is over £1,000.

[Kafka]

Re: charging order

Y

Council threatened to instigate proceedings for charging order.

I suspect that this is a bluff from the council to frighten the friend into paying, even though they do have that option. Councils are very much about getting their overdue payments in quickly, which is why they like Attachment of Earnings Orders and using bailiffs. Charging Orders are usually quite long term and because courts rarely grant an Order of Sale just for a CO the creditor usually has to wait for years until the house gets sold. That's an investment for a DCA that pays only a small amount for a debt, but its not really a logical tool for a council.

[MRS T]

Re: charging order

Update

It turns out the whole thing was mistake!!!

A very distressing mistake. Council have apologised. For what that's worth. And removed ccj and paperwork etc.

Thanks for all your help x