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?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).