Charging order during a dispute

[vok73]

Hi,

I hope to be in the right place.


A creditor has acknowledged my right to dispute the amount of my debt but at the same time has applied for a charging order on my house.

My question is: can an enforcement action be taken during a pending dispute?
If no, could you please advise where can I find some legislation or regulation about that?


thank you very much for your help.


vok73

[Debt Camel]

Re: Charging order during a dispute

Getting a charging order is not normally seen as enforcement. They would not be able to get an Order For Sale after the charging order whilst there is a pending dispute, but then Orders for Sale are incredibly rare anyway.

[wales01man]

Re: Charging order during a dispute

You have a right to dispute the debt as does the creditor have the right to the money . You can off course oppose the charging order

[Amethyst]

Re: Charging order during a dispute

Hi Vok - is this regarding the Capital Contribution order for Legal Aid ? ( http://legalbeagles.info/forums/show...619#post755619 )

[vok73]

Re: Charging order during a dispute

Hi,
yes it refers to the Capital Contribution order for Legal Aid. I found out that my solicitor and barrister claimed blank and duplicate pages as Page per Prosecutor Evidence which should not be included in the claim. ( this is how the legal aid costs are calculated, Legal Aid Remunerations 2013).

I am still convinced that a charging order is one of the possible final stage of an enforcement action. I think you get to an enforcement action when you refuse or can not pay a debt. I never refused to pay. I just want to pay the right amount that is why I am disputing the amount to pay.

I hope this can clarify
thank you