UK Bankruptcy Law
UK Bankruptcy Law Questions Answered by Verified Experts
But my understanding is that up to now it has been virtually impossible to get a judge to agree to a charging order if all ccj payments are up to date, but from today judges will agree to a charging order even if no payments have been missed. Is this correct?
Ok .... so nothing has really changed then?
Hello. I am not sure. Please have a look at this page, as the situation does appear to be different since last week.
Yes, but it is saying that these are probably unenforceable:
"It is well known that many District Judges have dealt with re-determination and Charging Order hearings on the basis that it is possible that a Charging Order can be made even though there has not yet been a default in a periodic payment order, thereby obviating enforcement by other means. However, it is arguable that many of these orders are unlawful and unenforceable."
What would be the best defence against a charging order now? That it could affect other creditors in someway?
So, if paying a ccj regularly is no longer enough, what would now be the best defence against someone attempting to put a charging order in place?
So you believe that there is no defence possible?