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UK-Justice
UK-Justice, Barrister
Category: UK Bankruptcy Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Is it true that with a "charging order restriction" that the

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Is it true that with a "charging order restriction" that the creditor has to apply to the court to obtain the funds before the sale of the property goes through ... unlike a full "charging order" which takes the funds automatically on the sale of the property?
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

A charging order from the Court enables the creditor to apply for a charging order restriction to be placed on the property at the Land Registry.

This therefore means that at any time with the Restriction (given by the charging order) that the creditor can apply for an order for sale.

But if the property is sold the Restriction (given by the charging order) means the funds will be sent to the creditor.

I hope this clears it up.

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Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
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I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 4 years ago.

I think something went wrong with the Justanswer system ..... we seem to have lost a lot of our thread. My last query to you was asking if you now believe that there is no valid defence against a charging order once a ccj has been granted.

There is no defence no.

Customer: replied 4 years ago.

Well, I don't have anything pending at the moment to disprove you, but I do expect to very shortly with these new rules. I believe that I will still be able to put forward a reasonable argument against an order being put in place. I will let you know if I do win or lose a case. Fancy a small wager lol?

I am sure case law will be generated soon after........
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