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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Hi, 6 years ago I had a CCJ issued against me and the claimant

Customer Question

Hi, 6 years ago I had a CCJ issued against me and the claimant managed to secure a charge against a house I own with a mortgage. However The CCJ was never persued for payment and it has now expired, therefore the charge is no longer assigned to any judgement.

Can I now remove the charge to the property?
Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

I attach a link for the case of Yorkshire Bank v Mulhall (2008):

http://www.bailii.org/ew/cases/EWCA/Civ/2008/1156.html

The Supreme Court decided that enforcement of a charging order was not affected by the expiry of the judgment. In that particular case the charging order was enforced 12 years had passed since the order was made.

The Supreme Court said that an application to enforce a charging order was not an application to enforce the judgment but to enforce the charging order, which had "a life of its own".

Sadly, therefore, the answer to your question is "no".

I'm sorry that I could not be more positive about your situation but I have a duty to tell you the position in law honestly and objectively.

Alex
Expert:  Alice H replied 3 years ago.
Hi Andy

I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know - remember I am a qualified UK Solicitor and able to help on most aspects of English Law. I am London based and usually able to respond to your query very quickly.

Regards
Alex Hughes