Charging Orders & Judgements

[Minty62]

In 1996 Credit Acceptance/MCE Portfolio obtained a Judgement against me, I recently noticed as I tried to sell my property that this had become a charging Order against the property. This was challenged & withdrawn. Credit Acceptance/MCE Portfolio, through their Solicitors Mortimer Clarke , are trying to enforce a Judgement against me now.. What can I do about it ?
I am possibly wrong in thinking this can not be right as it was so long ago now, nearly 10 years. A letter was sent to my previous address , should I ignore it or try and act on it..


Thanks

[Ripped-Off]

Re: Charging Orders & Judgements

The information given is a bit vague. What I think you are saying is that a further CCJ has been issued against you recently which is currently being converted to a charging order, even though you had a CCJ issued against you in 1996 for the same matter and a subsequent failed charging order? Is that correct?

I wouldn't ignore it. I'd act on it.

Try reading the following:

1. Section 24 of the Limitation Act 1980.
2. Lowsley v Forbes [1998] http://www.bailii.org/uk/cases/UKHL/1998/34.html
3. Charging Orders https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/charging-orders/

[Minty62]

Re: Charging Orders & Judgements

Hi Ripped Off, They first went for CCJ, and only recently when searches were done on my property, it came up as a charge on the property, My solicitor queried this & it was withdrawn... And now They are going for a judgement or attachment of earnings, all this 20 years later... I thought CCJ`s were only live for 6 years...
They had given me a CCJ 1996 and I Bought the property in 2003 ( 7 years later ) & at some point gone for a charging order on the property. Do not know at what point they went for the Charging Order, but still think the 6 year period WAS up before I even bought the property

Thanks again..

[Amethyst]

Re: Charging Orders & Judgements

You already have a judgment against you, but they must apply to the court to enable them to take enforcement measures if they didn't do so within the first six years.

Before applying for the CO if that was outside the six years then they should have had permission from the court, which it sounds like they hadn't done hence your solicitor having it removed.

Have they applied to the court ? What exactly are they now doing with regards enforcement ?

Approx how much is the judgment ? , did you defend at the time of the claim ? , and what was the resultant order?

( I think the case law Ripped Off has posted says that interest can't continue to be added after 6 years of the judgment )