Property charging orders

[Blown2CV]

If I have a creditor against which here has been a CCJ made for the debt, and I know he owns multiple properties which he is currently by likely to be trying to sell, can I apply charging orders to each of his properties or because there is only one CCJ do I have to pick one? Also can I get the fee back for the charging order(s) on top of the pre-existing debt?

[Dr Interceptor]

From the charging orders advice:

"1.3 A judgment creditor may apply in a single application notice for charging orders over more than one asset, but if the court makes interim charging orders over more than one asset, it will draw up a separate order relating to each asset."

The fees for the order would usually be added to the judgement, so yes, they would be recoverable - eventually.

http://www.justice.gov.uk/courts/procedure-rules/c...

[PurpleMoonlight]

Blown2CV said:

If I have a creditor against which here has been a CCJ made for the debt, and I know he owns multiple properties which he is currently by likely to be trying to sell, can I apply charging orders to each of his properties or because there is only one CCJ do I have to pick one? Also can I get the fee back for the charging order(s) on top of the pre-existing debt?

You cant put a charge on his property because you owe him money!

[Dr Interceptor]

PurpleMoonlight said:

You cant put a charge on his property because you owe him money!

Haha! True! I didn't spot that

[Blown2CV]

PurpleMoonlight said:

Blown2CV said:

If I have a creditor against which here has been a CCJ made for the debt, and I know he owns multiple properties which he is currently by likely to be trying to sell, can I apply charging orders to each of his properties or because there is only one CCJ do I have to pick one? Also can I get the fee back for the charging order(s) on top of the pre-existing debt?

You cant put a charge on his property because you owe him money!

Layman's error, sorry.

[Blown2CV]

Dr Interceptor said:

From the charging orders advice:

"1.3 A judgment creditor may apply in a single application notice for charging orders over more than one asset, but if the court makes interim charging orders over more than one asset, it will draw up a separate order relating to each asset."

The fees for the order would usually be added to the judgement, so yes, they would be recoverable - eventually.

http://www.justice.gov.uk/courts/procedure-rules/c...

Great very useful thanks. I always find those practice directions to be virtually unreadable so it's good to have one summarised! There only seems to be a place to enter one property on the form to request the order, but I guess filling out more than one for isn't the end of the world.

I guess the question is. If I fill out 4 charging order requests, and incur therefore fees for 4 orders, can I get all the fees back or just one? I guess what I am asking is, would be it deemed excessive? I don't know which property he might sell next.

[Blown2CV]

Dr Interceptor said:

From the charging orders advice:

"1.3 A judgment creditor may apply in a single application notice for charging orders over more than one asset, but if the court makes interim charging orders over more than one asset, it will draw up a separate order relating to each asset."

The fees for the order would usually be added to the judgement, so yes, they would be recoverable - eventually.

http://www.justice.gov.uk/courts/procedure-rules/c...

Thanks! Would I get all fees back or just the one that resulted in reimbursement of what I am owed?

[Dr Interceptor]

Blown2CV said:

Thanks! Would I get all fees back or just the one that resulted in reimbursement of what I am owed?

I think you would probably only recover the fees on the order that was fulfilled. Probably best to give the justice service call, they're quite approachable.

[Blown2CV]

Dr Interceptor said:

Blown2CV said:

Thanks! Would I get all fees back or just the one that resulted in reimbursement of what I am owed?

I think you would probably only recover the fees on the order that was fulfilled. Probably best to give the justice service call, they're quite approachable.

Well looks like he has sold one property but it hasn't gone through yet, so I've requested the order just on that property. Let's hope it moves quicker than the house sale!