Can a secured debt be enforced by a writ?

Post Reply
User avatar
Schedule 12
Posts: 13502
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

Can a secured debt be enforced by a writ?

Post by Schedule 12 » 10 Apr 2018 09:18

I have a client who had a judgment secured on his house as a charging order about 5 years ago.

Last week he received High Court Enforcement Agents recoveing the same judgment under a writ of control.

An application for an Order for Sale on the charged property has been dismissed.

Can anyone know, either way, whether a secured debt can be enforced concurrently by Schedule 12 enforcement?
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

User avatar
Michelle
Moderator
Posts: 2008
Joined: 10 Nov 2014 14:42
Location: Nuvion

Re: Can a secured debt be enforced by a writ?

Post by Michelle » 10 Apr 2018 11:23

A charging order only secures the debt but it does not preclude using another method of enforcement. Having a charge on someone's property doesn't mean you get your money, nor does it guarantee payment of the debt, some people live in the same house for decades or, even if they move, they just let out the property instead of selling it. Neither of this helps the credit recover their money. Orders for Sale are not usually granted by the courts on owner occupied residential property.

Our mates describe it in plain English: https://thesheriffsoffice.com/services/ ... ing_orders
The Sheriffs wrote:A charging order may be taken out against the debtor's property. When it is sold, the claimant will be paid what they are owed. A judge may order the property to be sold to repay the debt, but this is unusual.

However, you can still enforce using High Court Enforcement Officers while there is a charging order in place. If the enforcement recovers the full debt, court fees, interest and enforcement costs, then the order will be discharged.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

User avatar
Schedule 12
Posts: 13502
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

Re: Can a secured debt be enforced by a writ?

Post by Schedule 12 » 10 Apr 2018 14:50

That is the problem. The charging order is not discharged if a bailiff recovers it. The claimant has to apply to remove the charge, otherwise the property conveyancer pays the debt again from the sale of the property.

I'm uneasy relying on advice from a bailiff company because they do not work on the side of the debtor.

Coincidentally, the writ is a Sheriffs Office one. I'll probably put the mockers on the writ anyway to put the enforcement and the fees to bed.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

Post Reply