Is a Final Charging Order worth defending

[debt4get]

as to whether the charging order is worth defending or not...have a look at this...if the house is jointly owned but the debt is only in the name of one of the owners then the charging order becomes virtually useless

http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf

[debt4get]

it depends...have you young children? is the debt totally out of proportion to what the property is worth? would it mean that other creditors would be disadvantaged? is the property in negative equity...there are many if's and but's you could try....it depends on the dj at the time etc

[debt4get]

unless you get a sympathetic dj gonna be difficult to stop final charging order....if the original ccj is being complied with then you could argue that there is no need for the charging order as the debt is being paid....but obviously without knowing all the details it is difficult to advise

[debt4get]

even if a charging order is in force they can still apply interest believe it to be at 8% if they apply to the court at the time of the order....however as you have read from my link if the property is jointly owned then they cannot get a charging order in effect they only get a 'restriction' this can easily be circumvented if the person/s wish to sell their home simply by the solicitor informing the creditor 2 weeks after sale that the house has been sold...and the new owners are now registered as the owners