Charging Order? The myth

stayhappy wrote: »

I posted recently asking for help with an ICO. I defended the interim order as advised although I did not expect to stop it. I sent the defence to the court and the claimants soliciters.
I had a letter from the soliciter answering my defence. The letter 'appeared' reasonable and also said they had not been advised to get an order for sale just to secure the debt with the charging order.
I heard nothing else and was expecting a court date, However all we received was a letter from the court confirming the hearing had taken place and the order made final.
The letter says
The final charging order continues as modified.
The interest of the judgement debtor in the asset (home) stand charged with the payment of the sum of £xxxx. the amount now owing under a judgement or order given Jan 2015 by CCBC. together with any further interest becoming due and £243 costs of application.
The costs are to be added to the judgement debt.
Does this mean we carry on the monthly payments as per original CCJ?
Also we were going to attend a hearing to make sure no further interest would be added unlawfully, so I am concerned about the bit saying any further interest etc.
Any thoughts thankyou.

That doesn't sound right… you would normally be sent a date to attend court for the final CO. D45

stayhappy wrote: »

I posted recently asking for help with an ICO. I defended the interim order as advised although I did not expect to stop it. I sent the defence to the court and the claimants soliciters.
I had a letter from the soliciter answering my defence. The letter 'appeared' reasonable and also said they had not been advised to get an order for sale just to secure the debt with the charging order.
I heard nothing else and was expecting a court date, However all we received was a letter from the court confirming the hearing had taken place and the order made final.
The letter says
The final charging order continues as modified.
The interest of the judgement debtor in the asset (home) stand charged with the payment of the sum of £xxxx. the amount now owing under a judgement or order given Jan 2015 by CCBC. together with any further interest becoming due and £243 costs of application.
The costs are to be added to the judgement debt.
Does this mean we carry on the monthly payments as per original CCJ?
Also we were going to attend a hearing to make sure no further interest would be added unlawfully, so I am concerned about the bit saying any further interest etc.
Any thoughts thankyou.

Interim Orders are usually granted without hearing. If you wrote to "defend" the IO then they have probably taken it that there wasn't any objection to a FCO?

The rules have recently changed for Charging Orders and they can now be sorted by the Court Office unless there is an objection (which then reverts to being heard before a Judge)

The part about any further interest due is more likely to just cover any interest that is due; any Order granting interest will have to give a rate of the interest.

If your only objection was going to be regarding the interest you can ask the Court to confirm whether or not the FCO included interest on the debt and act accordingly?

Its really up to you if you want to carry on repaying the debt now as there is no chance they can get an OFS. If you have other commitments you can prioritise those and drop this creditor to a pound.

Hi Thanks for reply.
We received the IO and then I had a set time to send a defence which I did and presumed this was against it being made final.
I expected to be notified of a court date.
As it was unlikely we could have prevented a FCO I am not too bothered as long as further interest will not be added to the amount owing.
I will continue to pay the CCJ as it is not a large amount anyway and this prevents them applying for an Order for Sale if we keep up to date with payments doesn't it?
I know it is unlikely they would grant this but I would rather avoid the stress of them applying in the first place.
Can I confirm the wording from the order that I posted in my last post is not asking for immediate payment.
Thanks again

I've just had post come up on my page from a poster called "so very confused" but its now gone?

Has it been deleted is the site playing up?

so_very_confused wrote: »

Hi Eggbox
My apologies that was me. I was very worried went into detail and when I read my post back realised I might be identified.
I have never deleted a post before.
Thank you for your response.
svc

No problem. However, to answer the question that you were asking the chances of an OFS on a primary, family residence is so minute it's not worth being concerned about.

A quick search of Google will show that it is virtually impossible to find anyone who has had an OFS granted against them. And Court statistics show less than 5 in a 1000 Charging Orders ever progress to the OFS stage (and that is progress not granted?)

The reason why Orders For Sale are also so difficult to obtain is largely because the final decision is at the total discretion of the Judge. Creditors understand this which is why, despite often threatening an OFS, they don't proceed to court as they know the chances of them succeeding are so minutely small and they understand they will just be wasting time and a Court fee.

As has also been noted on this thread, the Ministry of Judtice's review of charging orders, in 2012, also accepted that there was Case Law that prevented an OFS happening, on primary or family residences, when making their decision of the £1000 threshold before and OFS could be sought by a creditor .

Whilst I understand that being in debt is not a nice position to be in; you can at least be re-assured that you won't have a OFS granted against you given your circumstances.