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UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hello. I understand that the law has just changed and as of

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Hello. I understand that the law has just changed and as of yesterday firms can now apply for a charging order against a borrower's property, even if they haven’t missed any payments under a CCJ.

Does this apply to existing debts which are in default or only news ones created from today? If it applies to existing debts in default, does it apply to existing CCJs also? Thank you.
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This has always applied.

But yes they can apply for a charge but they can not enforce it if you are making payments.

This applies to ccj's only when they apply for a charge from today.

So it can be from years ago but if they enforce it now they can get a charge.



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Customer: replied 4 years ago.

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?

No.

You could get a charging order if payments are up to date.

The wording has changed to make it clearer.

I had certainly got charging orders against debtors that were up to date.


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Customer: replied 4 years ago.

Ok .... so nothing has really changed then?

No........

Just the wording.


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UK-Justice
Customer: replied 4 years ago.

Hello. I am not sure. Please have a look at this page, as the situation does appear to be different since last week.


 


http://www.lpc-law.co.uk/lpc_law_legal_update.php?print=1&lu=32889

I have done this myself where a debtor is not behind.
Customer: replied 4 years ago.

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?

You would need a legal argument that it can not be enforced.

But that would be subject to appeal after appeal and if you lost you would be liable for those costs which would be around £25,000


Customer: replied 4 years ago.

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?

The charge will be granted.

But it will not be able to be enforced while you pay it.

That is what I am saying.

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Customer: replied 4 years ago.

So you believe that there is no defence possible?

To get a charge itself no.

To stop enfrofement if you have made payments, yes