Charging Order on Mortgage shortfall

John23421

I had a court order (CCJ) against me back in May 2006 for £220k. The house was sold in 2010 and there was a shortfall of £35k. Yesterday I received an interim Charging order (dated 21/11/2018) from the solicitors of the lender dated 1/2/2019. Their application to the courts was at the beginning of Nov 2018.
They used the CCJ of May 2006 to make their application. This order is not in the register of judgments and not in my credit file.
I have never made any payment towards the shortfall.
I am considering writing to the court to set aside the interim charging order on the grounds that the CCJ of 2006 is now statute barred and not enforceable. The 12 years they had to legally enforce the judgement passed iin May 2018.
Is that correct?

Thrugelmir

John23421 wrote: »

I am considering writing to the court to set aside the interim charging order on the grounds that the CCJ of 2006 is now statute barred and not enforceable. The 12 years they had to legally enforce the judgement passed iin May 2018.
Is that correct?

Under the Limitation Act 1980 there is no time limit on CCJ's. The debtor retains the right to reapply to the court at any time.

A4445

If there is a shortfall on a mortgage or negative equity is the borrower still liable for the shortfall?

davidmcn

A4445 wrote: »

If there is a shortfall on a mortgage or negative equity is the borrower still liable for the shortfall?

Yes, they are.

A4445

I guess the only way out is bankrupty?

John_G_Jones

John23421 wrote: »

I had a court order (CCJ) against me back in May 2006 for £220k. The house was sold in 2010 and there was a shortfall of £35k. Yesterday I received an interim Charging order (dated 21/11/2018) from the solicitors of the lender dated 1/2/2019. Their application to the courts was at the beginning of Nov 2018.
They used the CCJ of May 2006 to make their application. This order is not in the register of judgments and not in my credit file.
I have never made any payment towards the shortfall.
I am considering writing to the court to set aside the interim charging order on the grounds that the CCJ of 2006 is now statute barred and not enforceable. The 12 years they had to legally enforce the judgement passed iin May 2018.
Is that correct?

As above, CCJs do not become statute barred, and I’m not sure why you’d think that they do.

Best bet is to come to a sensible payment plan to pay back what you still owe, and find the best way to pay it as quickly as you are able.