• Interim Charging Order Not Made Final

    By Guest on 19th Oct 2020

    Hi,

    I am interested in an opinion of what to do, without going into grave detail I was party to an action against a creditor at the time. In the end my claim was dismissed and the creditor was awarded a costs order for a third of their costs. The value was approximately £10k at the time in 2012. They attempted to have a charging order placed on my home at the time. Subsequently the court granted the interim charging order and I was ordered to pay £49 pcm to the creditor as payment against this debt. They attempted to get an order of sale but failed, however the charge was never converted to a final charging order and it is still lingering as interim.

    I continued to make the payments of £49, however after three (ish) years the solicitor I was paying the fee too was sold and my payments began to bounce. I wrote and received no reply. I have never made a payment since and never had anyone chace me.

    I believe my understanding is that the charging order should have been made final at least for them. If not how long does it stay on? Can it be left interim indefinitely? Since I haven't paid I note that if I do not acknowledge the debt in 12 years since my last payment and they don't chase then they can't chase unless I pay or acknowledge it again.

    What happens with the interim charge and how best do I dispose of it. I have no intention at the moment of moving for the foreseeable future.

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