Can a charging order be set aside?

If a final charging order has been made, you might be able to apply to the court to have it set aside. This means the debt goes back to the judgment stage and your creditor will have to reapply to the court if they want to take further action. This can give you more time to repay your debt.

When to go to a charging order hearing?

If a judge has already arranged a hearing after making a decision about the interim charging order, you must send your objection to the court and the creditor at least 7 days before the hearing. You should go to the hearing. If you can’t, you should explain this to the court and ask for a different hearing date.

When to serve notice of interim charging order?

(7) Where a matter has been transferred under paragraph (6), the court must serve notice of the hearing on the judgment creditor and all persons served with the interim charging order under rule 73.7. (1) A party may request that a decision by a court officer be reconsidered by a District Judge.

How are charging orders dealt with in County Court?

(1) This rule applies where an application for a charging order is made other than to the County Court Money Claims Centre. (2) An application for a charging order will initially be dealt with by a judge without a hearing. (a) imposing a charge over the judgment debtor’s interest in the asset to which the application relates; and

When does a creditor apply for a charging order?

When your creditor has a court order against you, they can apply for another court order that secures the debt against your home or other property you own. This is called a ‘charging order’.

What happens at the end of an interim charging order?

You will be made aware of an interim charging order and while it’s in place the court will set a date for the hearing to decide whether a final charging order will be given.

What does it mean to set aside a charging order?

Setting aside a Charging order is usually called “Discharging”, this is under s3 (5) of the Charging Orders Act. The arguments for discharge must not have been made to the court previously.

When do you have to send charging order to court?

If you didn’t attend then a final charging order would be granted automatically. If you have something to say then you must send the court these arguments in writing at least seven days before the date of the hearing.

Can a creditor apply for a charging order?

A creditor can apply for a Charging Order even if you are making the monthly payments set for the CCJ. When a court grants a Charging Order, a legal charge is put on your house. If you own the house with your partner, the Charging Order is only made against your share of the equity – your partner’s share will not be affected by it.