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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Re: Interim charging order Interim charging order has been

Resolved Question:

Re: Interim charging order
Interim charging order has been applied to my property
County court hearing is on 28 October
To decide whether charge/order should continue, or be dismissed
The property was sold on 19 September
Do I need still need to attend the hearing - or just send a letter?
And what options does the Judge have in this situation?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Are you the creditor or debtor please?

Customer:

I am the debtor

Alex Watts :

Ok - then you do not need to worry.

Alex Watts :

If the property has been sold then it wont be binding on the new owner.

Alex Watts :

The charge should then be dismissed.

Alex Watts :

So you dont need to attend on 28th October.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So do I send a letter to the Court?

Alex Watts :

Yes you can do if you wish

Alex Watts :

Say it has been sold and confirm the date.

Alex Watts :

You can therefore invite the Court to dismiss the application

Customer:

And what (further) options does the creditor have to enforce the original Order?

Alex Watts :

They can apply to freeze bank account, send in bailiffs, apply to attach earnings or make bankrupt

Customer:

So even if the creditor attends the hearing on 28 October, they will be told that the charge is dismissed?

Alex Watts :

Yes

Customer:

I assume there is nothing further that the Judge can or will do?

Alex Watts :

No, the Judge will either grant or dismiss. But if you have sold the Judge will have no option but to dismiss

Alex Watts :

Can I clarify anything else for you?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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