Charging Order Help/advice please

Mike72

Hi everyone, new to site so sorry if in wrong forum section.
I have received a charging order thismorning with regards to an outstanding debt of just over £4,000. It originally went to court and I got a CCJ against me as I was made to pay in instalments but totally forgot. Now i have received the above. Can i stop the charge by asking if I can pay in instalments again? or do i have to let the charge go ahead?

Thanks in advance.

tonkinator

Really sorry to be the bearer of bad news, but you were given the chance to avoid having this debt secured against your property when the court ordered you to pay the debt back at the rate set out in your CCJ.

Unfortunately, I don't think that telling them you "totally forgot" is going to make them allow you to avoid the charging order.

The only way you can get it removed now (realistically) is to repay the debt that caused it in the first place and then ask for a certificate of satisfaction.

Mike72

Hi, thanks. I'm in a better situation now were i can afford to pay back debt in instalments but this time will make sure that i "don't forget". Do you think that they will make me sell my house to pay it off?
It state's in letter from solicitors: "We can confirm that once the Interim Charging Order is made final we are not instructed to enforce the Order or seek an Order for Sale. Our client's security will, however remain in place until such time as the outstanding balance has been paid.
Surely that is saying that they will not sell the house?

tonkinator

A charging order alone doesn't require you to sell the property.

To do that, they'd need to apply for an "Order of Sale", but it's unlikely that they'd do that, especially if you just pay back the money that you owe them.

If you just leave it and leave it, they may apply for an order of sale.

You'd definitely be better of trying to clear the debt, sooner rather than later.

It sounds like you intend to face up to the problem. I'd suggest that's sensible and I wish you good luck in paying it all off ASAP and getting the charging order removed.