Property charging orders
Discussion
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?
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...
"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...
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!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!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. "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...
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.
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?"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...
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.Gassing Station | Business | Top of Page | What's New | My Stuff



