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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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what is the difference between an interim charging order and

Resolved Question:

what is the difference between an interim charging order and a county court judgement
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

A county court judgement is a judgement made in County Court, it usually made in respect of a debt owed by one person to another. It is legal acknowledgement that a debt is owed by one party to another.

A charging order is a way to enforce a county court judgement. It is an order applied for by a creditor and ordered by the court. It is usually made in respect of an asset owned by the person who owes the debt and it means that nothing can be done with the asset by the person who owes the debt without first paying back the money owed as a result of the county court judgement.

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Kind regards,


Tom
Customer: replied 1 year ago.


FAO Tom


 


thanks Tom for your previous reply. can an interin charging order be placed if there is no ccj? as far as I am aware, there is no ccj for the debt outstanding but a default has been placed against my credit history

Expert:  Thomas replied 1 year ago.
Hi,

There would usually have to be a CCJ for a charging order, but if the contract on which the debt is based allows for a charging order to be applied for without a CCJ first they I believe it can.

You need to enquire further with the credit agency. If the entry is a Default Notice then this is not a CCJ, it's just a note that you have not paid a sum of money due under a contract (eg. mobile phone contract), it's not a judgement made in court.

Please remember to rate my answer.

Kind regards,

Tom
Customer: replied 1 year ago.

MY EX HUSBAND AND I HAVE RECEIVED AN 'APPLICATION TO REGISTER A RESTRICTION AGAINST THE LAND.' WE HAVE NOT BEEN TOGETHER FOR ALMOST 10 YEARS BUT OUR PARTING WAS AMICABLE AND ALTHOUGH WE HAD A DECREE NISI APPROXIMATELY 6 YEARS AGO, WE DID NOT MAKE THIS ABSOLUTE UNTIL SEPTEMBER 2011. THE HOUSE MY EX HUSBAND LIVES IN IS IN BOTH OUR NAMES BUT I HAVE NEVER MADE ANY CONTRIBUTIONS AND EVERYTHING IS IN HIS NAME. WE FINALISED OUR DIVORCE AS HE NOW WANTS TO MARRY SOMEONE ELSE. THE HOUSE WE SHARED WAS SOLD AND HE MOVED INTO HIS CURRENT ADDRESS.
WHEN HE MOVED HOUSE I WAS VERY STUPID IN THE FACT THAT I WAS MISINFORMED AND BOUGHT A BUY TO LET FLAT AT THE TIME WHEN BANKS WERE LENDING TO EVERYONE. I HAD A TRACKER MORTGAGE AND DURING THE TIME OF HIGH INTEREST RATES, THE MONTHLY PAYMENT ROCKETED FROM ABOUT £900 TO £1600 AND I COULD NOT KEEP UP WITH THE PAYMENTS. UNFORTUNATELY THE FLAT WAS RE-POSSESSED. AN INTERIM CHARGING ORDER HAS BEEN ISSUED ON 7 NOVEMBER 2012 OF WHICH I NEW NOTHING ABOUT UNTIL MY EX HUSBAND REQUESTED A COPY WHICH WAS SENT TO HIM ON 23 NOVEMBER 2013 AND THERE WILL BE A HEARING ON 12 MARCH 2013 AND THE JUDGE WILL DECIDE THE CHARGE OF OVER £127,000 CREATED BY THE ORDER SHOULD CONTINUE OR SHOULD BE DISCHARGED. CAN I OBJECT TO THE RESTRICTION? I AM NOT IN A POSITION TO PAY BACK SUCH A LARGE SUM OF MONEY BUT IF I COULD , I WOULD. I AM CURRENTLY LIVING WITH SOMEONE AND HAVE BEEN FOR OVER 5 YEARS BUT THE PROPERTY IS IN HIS NAME AS ARE ALL THE HOUSEHOLD BILLS. AS YOU CAN IMAGINE, MY EX HUSBAND IS NOT VERY HAPPY AS HE HAS NEVER BEEN AWARE OF THE REPOSSESSION AS WE DO NOT DISCUSS EACH OTHER'S FINANCIAL SITUATIONS. ALSO, WHAT CAN I DO ABOUT THE INTERIM CHARGING ORDER? ANY ADVICE WOULD BE VERY MUCH APPRECIATED. I DON'T HAVE ANY ASSETTS AND MY CREDIT RATING IS NOT GREAT BECAUSE OF THIS SITUATION.


can I object to the interim order. it only has my name on it and as I said there is no address and I did not receive a copy until my ex husband requested it from the land registry office. can I object to this order?

Expert:  Thomas replied 1 year ago.
Hi,

You can obviously attempt to object to the order but we are at the point now where you absolutely need specific legal representation by a local solicitor who can take your full instructions and examine all the relevant documentation.

Please rate my answer.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6513
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.


Thanks Tom

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