Charging order query

[markhogarth]

Hi, I received a ccj for approx 17,000 2 years ago and agreed to pay 2 yearly instalments of £5000 with the outstanding amount 12 months later. At the court a charging Oder was also put on the property I own with my wife. The first 2 instalments have been paid but I am not going to be in a position to pay the rest by the due date ( April 1st ). I have therefor put my house up for sale and intend to pay the amount from the proceeds of the sale. ( We have plenty of equity and are downsizing ) My worry is that this person who I am paying will be hell bent on getting his money by any means in April. Will he be able to send round high court enforcement officers? As he previously threatened to do so when the last payment was overdue. Any help would be appreciated.

[Diana M]

Re: Charging order query

I don't know the full facts but an Application to Vary the Charging Order may be a way to prevent enforcement.

Link to CPR 73.10B > https://www.justice.gov.uk/courts/pr.../part73#73.10B

Since you say the CO is on a property jointly owned by your wife it will be a Restriction which limits the Judgment Creditor's enforcement options.

Di

[markhogarth]

Re: Charging order query

hi, thanks for your reply, what would i amend the charging order to though? wouldn't it be the original payment schedule i would need to amend to state that full payment will be made on sale of the house? I don't really understand

[Amethyst]

Re: Charging order query

Was the agreement to pay the £5000/£5000/£7000 at certain dates, and the agreement to have the charging order, part of a consent order & schedule agreed between you and the claimants and lodged with the court ? Were there sanctions/consequences of breach on that order ?

Or did they obtain the charging order and you made a separate agreement on the payments ?

[markhogarth]

Re: Charging order query

Hi, yes the agreement was to pay the 3 instalments on specific dates but the charging order was discussed in court as I expressed my concern about my family losing their home. there were no consequences or sanctions placed . does that help?