Charging Order

Secure debt repayment by placing a charge on debtor’s property

A Charging Order is a powerful legal tool that allows you to secure debt repayment by placing a charge on a debtor’s property. When a debtor fails to pay a County Court Judgment (CCJ), this method ensures that your debt is tied to a significant asset, such as their home or real estate. Should the debt remain unpaid, you can take further steps, like applying for an Order for Sale to force the sale of the property. Our Charging Order service provides a reliable way to safeguard your financial interests by linking the debt to the debtor’s assets.

After securing a judgment, a Charging Order can be pursued to protect your claim against the debtor’s property. This legal action emphasizes the seriousness of the debt and the potential risk to the debtor of losing their property if they fail to pay. Once a Charging Order is in place, the next step may involve requesting an Order for Sale, which compels the sale of the property to settle the debt. Our expert team at Helpland guides you through the process, ensuring your debt is secured and your financial interests are fully protected.

What is the Charging Order service?

A Charging Order is a legal mechanism that allows you to secure a debt against the debtor’s property. It transforms an unsecured debt into a secured one, meaning the debt is registered as a charge on the property, much like a mortgage. This ensures that if the debtor sells or remortgages their property, you are entitled to be repaid from the sale proceeds. If the debtor still doesn’t pay, you can escalate the situation by applying for an Order for Sale, forcing the sale of the property to recover what you’re owed. Our Charging Order service covers the full process, from submitting the application to advising on further enforcement actions.

How it works

• Eligibility Review: We start by reviewing your case to confirm that you have a County Court Judgment (CCJ) in place and that the debtor owns property which can be charged with the debt.
• Application Submission: Our legal team prepares and files the necessary documents with the court to request a Charging Order, securing the debt against the debtor’s property.
• Interim Charging Order: The court issues an Interim Charging Order, which temporarily prevents the debtor from selling or remortgaging the property without addressing the debt.
• Final Charging Order Hearing: A court hearing is scheduled to determine whether a Final Charging Order should be granted. If approved, the debt is formally secured as a charge against the property.
• Enforcement Options: Once the Charging Order is in place, you can either wait for the property to be sold or, if the debtor continues to ignore the debt, apply for an Order for Sale to force the property’s sale.

Why choose us?

• Expert Legal Support: Our experienced legal team ensures that the Charging Order process is managed efficiently, improving your chances of securing the debt and ensuring compliance with all legal requirements.
• Secure Your Debt: By securing the debt against the debtor’s property, a Charging Order gives you a significant advantage in ensuring repayment, even if the debt isn’t paid immediately.
• Comprehensive Service: We handle the entire process, from preparing the initial application to representing you at the court hearing, and can provide advice on next steps if further enforcement is required.
• Cost-Effective Solution: A Charging Order is a practical and affordable way to secure a debt, reducing the risk of non-payment over the long term.
• Escalation Assistance: If the debtor continues to ignore the debt, we can guide you through the process of applying for an Order for Sale to recover your money by forcing the sale of the property.