Enforcement of CCJ with Charging Order

A debtor owes you a big sum as confirmed by a CCJ but the debtor lacks liquidity and saleable assets. However, if he owns part or all of a freehold or lease property, call us for the issue of a Charging Order.  This Charging Order will be listed in the Land Registry and in the Property Deeds. It will remain in the Land Registry for 12 years.

This means that the debtor cannot sell the property without the creditor being aware of the fact.
 

Instruct us to be your agent by just sending us this simple “Submit Enforcement of County Court Judgement with Charging Order Form”.   
 

 

Advantages of a Charging Order

If you, the creditor, have reason to believe that your debtor will not be able to continue to make the debt payments ordered by the CCJ, you can still apply for a Charging Order even if so far the debtor is up-to-date with the CCJ-ordered payments.  

An application by a creditor for a charging order is in two stages. 

The first is for an 'interim order' which prevents the debtor from selling their property without the knowledge of the creditor. In effect, this is when the Charging Order is listed in the Land Registry.

The second is for a “final order” which stipulates that, if the debtor sells their property, they must use the proceeds of sale to pay the debt owed to the creditor.  

The Charging Order in itself does not force the sale of a property. However, it is a necessary prelude to obtaining another order called an “order for sale” which does force such a sale. 

So, when you, the creditor, obtain a Charging Order,  you are placed in a very good position, second only to the mortgage company and ahead of other creditors who seek monies due but who do not have a Charging Order.  Collection of your debt is safe, even in the event of debtor bankruptcy. 

Instruct us to be your agent by just sending us this simple “Submit Enforcement of County Court Judgement with Charging Order Form”.

 

 

Finding out about your debtor’s ownership of freehold property

If you do not know whether your debtor owns any freehold property, call our Private Investigator Department who, for a small charge, will perform an Ownership of Freehold Property Search.  

Instruct us to be your agent by just sending us this simple “Submit Enforcement of County Court Judgement with Charging Order Form”.