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  • #1

    Charging Order

    I have a charging order from 2013, for 3.5k..
    The final charging order from the court states:-

    The interest of the judgement debtor Mr xxxx in the asset described in the schedule below stand charged with payment of the sum of £3xxxx. the amount now owing under a judgement or order given on xxx 2013 by the Northampton County court in claim no xxxx, together with any further interest becoming due and £253 the costs of the application.

    The costs are to be added to the judgement debt.

    Am i being charged interest on this??? i've had nothing from them, since the charging order 2 years ago.
    Last edited by Moradin; 24 October 2015, 13:26.
    Tags: bank, cca, ccj, charging order, children, claim, consumer, consumer credit, consumer credit act, costs, county, county court, court, credit act, creditor, debt, debtor, debts, enforcement, interest, joint names, law, list, monthly, order, orders, overdrafts, paid, payments, property, questions, restriction, shared, solicitor, tps
  • #2
    Re: Charging Order

    https://www.nationaldebtline.org/EW/...8lcaAuEt8P8HAQ

    I think the answer is no..

    Interest

    If a creditor has got a county court judgment against you, they may be able to add extra interest once a charging order is made.

    • For some types of debt, the law allows interest to be added onto county court judgments separately from the terms and conditions of the agreement. This is known as ‘statutory interest’ and it runs at a standard rate.
    • For some debts, there is a clause in the agreement which allows further interest to be added to the debt after the creditor has got a county court judgment. This is known as ‘contractual interest’.

    Statutory interest cannot be added to a county court judgment if:

    • the debt is for an agreement regulated by the Consumer Credit Act (most ordinary credit agreements, including bank overdrafts); or
    • the debt is less than £5,000 in total, even if it is not covered by the Consumer Credit Act.




    or maybe not.. thsts for a ccj
    Last edited by Moradin; 24 October 2015, 13:53.

    Comment

    • #3
      Re: Charging Order

      Morning, I will find some one to answer your questions xx
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: Charging Order

        What does it say (if anything) about interest on your original County Court Judgement?

        A Charging Order is an enforcement measure for a CCJ.

        On a separate issue, what was the CCJ for (a debt?) and was it an instalment order or a 'forthwith' order (full sum to be paid immediately)? Without knowing the full circumstances it's hard to suggest options but if you want to lower the risk of an future Order for Sale you may want to make an application to vary the CCJ to affordable monthly payments.

        Did you go to the final Charging Order hearing? If so, did you ask the DJ for any conditions to be included in the CO such as no OfS while you make regular payments, or no sale until your children become 18 (if you have any that is) and so on.

        If the property is in joint names then the CO will only be a Restriction which is far less worrying.

        Who was the solicitor for the Claimant?

        Plan B x

        Comment

        • #5
          Re: Charging Order

          Originally posted by Moradin View Post
          I have a charging order from 2013, for 3.5k..

          Is it for this debt on your other thread here http://forums.all-about-debt.co.uk/s...l=1#post348119

          and

          http://forums.all-about-debt.co.uk/s...l=1#post288490

          Plan B x

          Comment

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