Many law firms will obtain charging orders for their clients and not know what to do with them. This leaves their clients with a secured debt and no avenue for recovery.
Greenhalgh Kerr have a solution for you
What you need to know:-
Q/. Once I have a Charging Order do I have to wait for the property to be sold?
A/. No, you can undertake alternative enforcement steps including applying for an Order for Sale.
Q/. Is there a time limit on Applying for an Order for Sale?
Q/. Is it legal?
A/. Yes, it is provided for in the Civil Procedure Rules at CPR Part 73.10C – in the circumstances this is an acceptable step provided for under the rules and as such it is not frowned upon particularly for debts in excess of £2,000.00.
Q/. Is it moral and ethical to follow this procedure?
A/. Yes, often debt accrues interest therefore, the sooner the debtor is encouraged to pay you and/or find a way to get you paid the better for you and them.
Q/. How often do we have to take possession and sell a property?
A/. Not very often, debtors usually find a way of paying the debt even if it simply invokes/procures instalments which are reasonable to you.
Q/. What about vulnerable debtors?
A/. We have policies in place for sign posting and ensuring that vulnerable debtors are handled with empathy and compassion whilst trying to get the debt paid for you justly.
(1) Subject to the provisions of any enactment, the court may, upon a claim by a person who has obtained a charging order over an interest in property, order the sale of the property to enforce the charging order.
(2) Where the charging order was made at the County Court Money Claims Centre a claim for an order for sale under this rule must be made to the judgment debtor’s home court.
(3) Subject to paragraph (2) a claim for an order for sale under this rule should be made to the court which made the charging order, unless that court does not have jurisdiction to make an order for sale.
(4) The claimant must use the Part 8 procedure.
(5) A copy of the charging order must be filed with the claim form.
What we do:-
- Consider the value of your Debt / Charging Order,
- Establish whether or not it has been accruing interest,
- Check the equity in the property,
- Issue the proceedings,
- Instruct the bailiff,
- Take possession of the property,
- Instruct Estate Agents and Conveyancers,
- Sell the Property, and
- Get you paid – your debt plus costs plus interest.
How much does it cost?
In theory this is a cost neutral process. In the circumstances it should end up costing you nothing.
You have an initial outlay of c.1,500.00 plus VAT however, this cost is recoverable.
What you can expect, when you use Greenhalgh Kerr:-
We would welcome a meeting with any perspective clients who wish to:-
- Experience a high quality legal service
- Maintain control over the fees and legal spend
- Have access to our bespoke on-line portal
- Regular contact with your dedicated legal team
- Bespoke reporting
Please contact our Steven Owens on 0333 200 5205 or e-mail at email@example.com