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Interim charging order, guidance please

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  • Interim charging order, guidance please

    Hi there, this is my first time posting and am after some guidance if possible? *I have reposted this here as I think I posted in the wrong section initially *
    Yesterday, I received an interim charging order (I jointly own my home with my husband and have 2 children under 16).

    The order is linked to a CCJ which I received from Equivo on behalf of Creation Consumer Finance. It was agreed by the court I would pay £30 per month which I have done and have not missed any payments nor been late with any of them.

    Firstly, I am slightly confused why they have now proceeded down this route when I have maintained the CCJ payments so any guidance here would be appreciated?

    Secondly, is it likely to progress to a full charging order and if so, could the proceed with a forced sale?

    The total value of the debt is £2,206.53.

    I do have other debts which are included in a DMP (set up after the CCJ)

    This is slightly sending me over the edge, I suffer with mental health and I am struggling to cope with this situation so i would be so thankful for any help or advice ad to what my next steps should be.

    Thank you in advance
    Tags: None

  • #2
    I wonder how they gained a charging order whilst you were not in default,just sit tight and wait.

    Comment


    • #3
      Sorry, I wasn't clear - I defaulted the account which is why they issued the CCJ. It was agreed I would pay £30 per month by the court and it is these payments I have maintained. Despite me maintaining the CCJ payments they have progressed with an interim charging order.

      I am assuming the fact i have maintained CCJ payments will go in my favour when they move to a full charging order?!

      Comment


      • #4
        A charging order was gained as a judgement has been obtained: it secures payment.

        As we all know, a charging order when the judgement is against only one of joint owners is of little value if the owners of the property are well advised. See the numerous threads here.
        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
          Originally posted by atticus View Post
          A charging order was gained as a judgement has been obtained: it secures payment.

          As we all know, a charging order when the judgement is against only ne of joint owners is of little value if the owners of the property are well advised. See the numerous threads here.
          Atticus. Hm so to be very clear, that a charging order is imposed on one owner of the property even though the property is jointly owned ?, it would appear if the joint owner can ignore the charge on the property,and still sell if so wished ?

          Comment


          • #6
            This has been covered in numerous threads. See for example posts no 12 and 13 here: https://legalbeagles.info/forums/for...statute-barred
            Search on the internet for "Form K restriction".
            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

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