Is it true that 'charging orders' can be used to force someone to sell
> their home, if they have a mortgage in place and, if so, is there any sor t
> of legal challenge which is/can be/has been launched against them?
At 18:10:05 on 04/12/2008, Nomen Nescio delighted uk.legal by announcing:
They don't need a mortgage in place.
Yes. Turn up at the court hearing and challenge the request.
I remember their being a case Mercantile Credit brought against one of its customer some years ago which found that a creditor could only apply for a charging order if there was a default in payment. Find this case & state that to the creditor & there is nothing they can do...
IANAL
Gary
Normally, the only reason one would apply for a charging order would be if the debtor failed to keep up his payments.
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