Success with challenging Final Charging Order?

OopsIdiditagain1

Hello folks.

For background, I am in debt to the tune of £60k (all consumer debt), £11k of which is owed to a bank. My creditors have been good to deal with overall and I am in a self managed DMP with standing orders going out each month. Everyone except the bank seems ok at the moment.

Solicitors acting on behalf of the bank have obtained a CCJ against me (admitted) and now I have been issued an interim charging order. I intend to challenge it. We had agreed repayments on an informal basis but they have been determined to get this security for the debt. All CCJ payments are up to date.

Has anyone had any success challenging a Final charging order? What arguments did you make?

My home is in my sole name, no dependents, sufficient equity. Bank debt is about 3% of property value.

I am not sure if one argument I can make is that none of my other creditors except mortgage are listed in the bank's application. It would not be difficult to find out this information. I presume then none of my other creditors will be notified?

Thank you for your help.

fatbelly

Your title implies that you have had success with challenging a charging order, which is why I clicked, because I have never known it happen.

Citizens Advice used to list the many arguments that you could make at this stage. I will see if I can find a link. In my experience none of them work but you may be able to get some conditions added. Here:

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/charging-orders/

The courts always think that if a judgement creditor can secure their debt then it is reasonable for them to do so.

On a more positive note they always reject an order for sale in the circumstances you describe.

OopsIdiditagain1

Thank you fatbelly, I have nothing to lose by challenging it, but does sound like the judge will decide in favour of the bank. Hopefully I can have some conditions attached to prevent enforcement if I continue to pay the monthly amounts in the CCJ

ManyWays

Like @fatbelly I have never seen anyone succeed with this.

If you were making the court ordered payments to the CCJ, then the creditor cannot apply for an order for sale.

If the creditor wants you to pay more than your current informal agreement, you may be able to varying the CCJ to get an affordable amount set. National Debtline can advise on this. See https://nationaldebtline.org/get-information/guides/charging-orders-ew/