what can I do to prevent charging order ?

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sdc83

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Post by sdc83 » Mon Nov 10, 2008 9:32 am
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my ex employer has a ccj against me for £2800.00 ( my overdraft plus costs) they are now trying to put a charging order against my home - what can I do to prevent this happening
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MelanieGiles

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Post by MelanieGiles » Mon Nov 10, 2008 10:52 am
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Hi there and welcome to the forum

The obvious answer is to pay the debt - but I imagine that is not possible for you at present. Have you tried to come to some arrangement with your ex-employer to pay it off by monthly instalments?

Do you have any other debts, or just this one?
Last edited by MelanieGiles on Mon Nov 10, 2008 10:52 am, edited 1 time in total.
Regards, Melanie Giles, Insolvency Practitioner
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go_4_broke

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Post by go_4_broke » Mon Nov 10, 2008 10:56 am
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Apply to the Court for a determination so you can pay the Judgment by installments. As long as you keep up the payments they can't get an Order.
Please view my blog at www.go4broke.blogs.iva.co.uk

'Vive la differentness'
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liberta

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Post by liberta » Mon Nov 10, 2008 3:03 pm
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Hi and welcome from me too.

Your ex employers will need a County Court Judgement before they can apply for a charging order. Do they have one already?

Also do you have any other debts? What is the level of equity in your home? Is the property owned jointly with someone else?

Depending on the answer to these questions you may have a good argument to put to the Court as to why a charging order should not be granted e.g.

Unfairly prejudicing your other creditors
Unfairly prejudicing the joint owner of the property.

Will be able to advise you better if we have more details.
Kind regards, Elizabeth Pywowarczuk, Insolvency Practitioner.

If you would like me to advise you about an IVA and if appropriate propose one for you, please visit my website at www.liberta.uk.com
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