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Old CCJ and charging order

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  • Old CCJ and charging order

    Hi, just wondering if someone can advise.
    I was given a ccj in around 2011 from HFC after getting into financial difficulty in around 2008. Restons solicitors obtained the CCJ and charging order. The charging order was entered as a restriction due to being jointly owned and we successfully sold the house last month without payment.
    I’ve paid nothing toward the ccj since 2019 and had no contact with restons until now. They have emailed me to state they know the house was sold and requesting full payment by the 21st of this month to “lift the charge” the restriction has gone already so that’s not an issue but I’m just concerned around what action they may attempt. I know a CCJ still stands but realistically what action could they take to enforce and how should I handle it, should I attempt a payment plan to avoid further enforcement or just wait and see what happens?
    Tags: None

  • #2
    Options open to a judgement creditor include: bailiffs; attachment of earnings; charging order on property; bankruptcy. Offering a payment plan may be a good way forward.
    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

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    • #3
      Even though the ccj is 12 years old?
      I offered a reduced settlement prior to selling up and they refused despite us having 0 equity

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      • #4
        Others will correct me if necessary, but as I understand it, the creditor may take enforcement action. It may be that they will need permission of the court, but I would point out that you "successfully" sold the property in which you had an interest over which a charging order had been obtained.
        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
          Thank you, I read that they have to go back to court to take further enforcement action, just wondering how successful this is likely to be?

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          • #6
            Hi I'm in a very similar situation just wandering how you went on with further enforcement did you receive anything?
            thanks

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