We will make the application for a Charging Order, to obtain firstly an Interim Charging Order (ICO) which will prevent a Debtor from selling their property without notifying you.
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What is a Charging Order?
A Charging Order is a charge placed on a property in order to secure your debt against the property. You can only obtain a Charging Order once you have a County Court Judgment (CCJ) against a debtor or if the debtor agrees.
If a debtor sells the property you would be repaid from the proceeds of sale from the property. A Charging Order provides peace of mind and enhanced security of the debt.
What do we need from you?
- We will need a copy of the County Court Judgment. If you require a CCJ (please click here)
- Details of any payments made by the Defendant since the date of Judgment
- Details for the Defendant including any addresses or contact details that you have for them
Process & Time Scale
Once the Interim Charging Order (ICO) is granted we will register it with the Land Registry, send a copy to anyone else with an interest in the property eg. spouses and mortgage lenders to put them on notice of your interest.
The debtor has 28 days to oppose the application, in which case the matter will be listed for a hearing. If no response is received we will apply for a Final Charging Order (FCO). If this application is successful, the FCO will be granted and we will register it for you with the Land Registry.
What would the debtor need to do to oppose the application for a Charging Order?
The debtor has 28 days from receipt of the Interim Charging Order to contact the Court with objections, following which the matter will be listed for a hearing. The debtor has to send any objections, in writing, to the Court and the Creditor no later than 7 days before the hearing.
The debtor will have the opportunity to apply for conditions to be attached to the Order, for example preventing the sale of a property if he keeps up with a repayment plan, or if the debtor lives there with dependants.
Order for sale
If you want to force the sale of property or goods we can apply to Court for an Order of Sale, however the debt would need to be more than £1000. This is a further process and not included within the price of applying for a Charging Order.
How to instruct us
If you need to obtain a Judgment/ CCJ please click here.
Please contact a member of our team on 0203 434 0433 or click here to fill in our enquiry form and a member of our team will be in touch.
The charge will remain on the property until the debt is discharged.
Any Charging Orders on the property are listed in order of when they were applied for. A mortgage lender usually takes priority on a property.
Different rules apply depending on how the property is owned and whether the other party is also connected to the debt. We will investigate this and make the necessary applications. In short, the debt will attach itself to the percentage of the property owned by the debtor.
Yes, a Charging Order does not stop High Court Enforcement.