Final Charging Order despite up-to-date Instalment order

LBaum

I'm currently looking into the possibility if the section of the charging orders act section 7 isn't actually in force, and the DCA's think it is and the judges don't realize it, isn't then that means the CCJ is in only default if you haven't had chance to redetermine prior to making first payment.

Hybrid orders: I am researching these as well but these appear to be something relating to before 2007 where the CCJ was issued along with an 'automatic' charging order . Again go and research yourself and share .

lily333

Will do, from what I've seen so far the hybrid seems to be relating to a forthwith judgment that is then immediately defaulted and so the C.O. is then put in place.

Thanks to all replying, I'll keep trawling through the channels......

Sparklyfairy

I just wanted to *BUMP* this a bit...I don't have any advice but I've read loads & I see this is happening a lot at the moment. The only suggestion I may have is to contact your MP & see what advice they have. Hth

NorthernLas

Hi - I searched the forum for hybrid orders and found the following thread (Nov 2009).

https://forums.moneysavingexpert.com/discussion/2045109

My understanding of the thread is that the application of a charging order depends on what the court decided in the first place. If they set payments initially then the order cannot be applied unless payments are missed. But, if payments were ONLY agreed at a re-determination then a charging order can be applied.

Have a read and see what you think - it has input from 10past6 who is the expert on these things.

I would suspect that if you want a definitive answer you need to list what has happened in your situation e.g.

1. CCJ issued at Northampton, debt admitted or not defended
2. Redetermination requested by OP
3. Result of redetermination ...