Teaching old dogs new tricks! Centralisation of Charging Orders and Attachment of Earnings

legal updates

The aim is to speed up the county court application process.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

From the 6 April 2016 new rules will apply to Charging Orders and Attachment of Earnings applications in the County Court.

The aim is to speed up the application process by reducing judicial input and simplifying the process.

The processes will be centralised whereby all applications must be made through the County Court Money Claims Centre (CCMCC).

Fees can be paid through a fee account and applications can be made online.

Forms N379 (application for charging order on land or property) and N380 (applications for a charging order on securities) will also change to reflect the new processes.

Initially the charging order process will take place within the Centralised Court, rather than an individual hearing centre and be managed by a Court Officer.

If the appropriate criteria are met, then an Interim Charging Order and Unless Order will be issued without referral to a District Judge, unlike the existing process.    

If it does not meet the criteria, then the application will be referred to a District Judge, who may approve the Interim Order or Order that the matter be transferred to the Defendant’s local court for a hearing.

As to Attachment of Earnings, where form N56 (statement of means) has been filed showing that the Defendant is employed and has sufficient income the Court Officer will calculate the Protected Earnings Rate (PER) and the Normal Deduction Rate (NDR) and make a full or suspended Attachment of Earnings Order (AOE), again without reference to a District Judge.

Sounds eminently sensible, but bang goes the theory if the extra workload causes the centralised system to meltdown! Watch this space.

Profit BoxDevelop your people like your business depends on it

What most people don’t know is that talent development doesn’t have to be complicated, high risk or expensive. Once they integrate key development stages, the results can be remarkable. Empower your team. Lead your industry. We’re your strategic learning partner, driving performance by moving skills forward.

Howard TilneyHead of Strategy / Legal AdvisorRead More by this author

Related Legal Updates

Court management service raises money for charity

Members can leave the legal worries to us and can focus on their core business of selling vehicles, running their service and repair garages, and/or MOT testing centres.

The law is not an exact science

We have all had surefire winners fail due to the smallest issue, but equally, we have all won cases that we had no right to.

Introduction of Small Claims Paper Determination Pilot Scheme

If you receive or issue a court claim which is subject to the pilot scheme, preparation of your claim or defence and statements will be crucial.

The real difference between claims under and over £10k

Litigation isn’t always just about having a strong argument, there are many factors that can help you win a case and reduce your risk.

See you in court… in a year or so…

Before deciding to issue or defend proceedings, it is important to consider how court delays may impact you as a business and as an individual.

Winning cases in court

The factors for the court to decide are: whether the breach was serious, why it occurred, and all other circumstances.

The court decided the case without me – what can I do?

The absent party first learns of the court session when they either receive the judgment from the court or are informed that there is a default on their credit file.

Get in touch

Complete the form to get in touch or via our details below:

01480 455500

Vinpenta House
High Causeway

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.