Can CCJ force sale of property?

[MCBIRNIE25]

Hello all,

can a CCJ be used to force a sale of a property? A relative of mine has just found out that Lowell have applied for a CCJ, it's for around £250. She has sent in the Acknowledgement of Service, but we aren't to sure what to do next. Can they apply for a charging order on her property?

 

Thanks

[Old Cogger]

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Default Life after CCJ

 

 

I take it this thread is you as well, if so please keep to the one thread for each case?

 

somebody will be along to assist you soon!

[MCBIRNIE25]

I thought i had kept to the one thread for each case? This one isn't for me. This one is for a relative of mine. I've put mine separately.

[Old Cogger]

Ah! O.K.

[BazzaS]

Hello all,

can a CCJ be used to force a sale of a property? A relative of mine has just found out that Lowell have applied for a CCJ, it's for around £250. She has sent in the Acknowledgement of Service, but we aren't to sure what to do next. Can they apply for a charging order on her property?

 

Thanks

 

1) Lowell would need to get the CCJ awarded.

2) Lowell would need to apply for a charging order.

3) if the charging order was for below £1,000, it can't be used as the sole reason for an order for sale.

 

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

From 6 April 2013, a creditor can't get an order for sale if the debt is less than £1,000.

[shamrocker]

"Can they apply for a charging order on her property?"

 

Why are you/they concerned about a charging order if they've just received the claim form? Surely, challenging the claim should be the first thought?

 

Sham

[MCBIRNIE25]

Trying to allay her fears Shamrocker. She is asking me amillion questions, and i'm trying to find all the info for her.

Of course we want to get it challenged. I did put the AOS in yesterday.

[Andyorch]

If they got a CCJ and the debt is over £1000 and if the they placed a charge or restriction depends on whether the debt is in solo name and the property mortgage in joint names and if you didn't default on the judgment payment..then no they cant go for a forced sale.

 

And definitely not if children under 16 are residing.

 

So a lot of ifs......

 

Andy

[MCBIRNIE25]

Thanks Andy, again.

The debt is well under £1000, it's for 200 odd quid, 300 with court charges etc.

[Andyorch]

So no need to worry about that then...deal with the claim.