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HMRC internal manual

Debt Management and Banking Manual

From
HM Revenue & Customs
Updated
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Enforcement action: county court proceedings: charging orders: hearing for the final charging order

On the day of the hearing for the final charging order:

  • review all the evidence
  • carry out an RP check (see DMBM615040)
  • prepare an imminent proceedings list
  • attend court.

At the hearing the court has wide powers. It may:

  • make a final charging order confirming that the charge imposed by the interim order shall continue
  • discharge the interim charging order and dismiss the application
  • direct a trial of any such issues and give directions if necessary.

A Field Force collector must:

  • attend the hearing
  • present the case
  • seek a final charging order for the:

    • balance of the judgment debt
    • court fee for your application (see DMBM668760) plus
    • Land Registry fee for registering the order with the Land Registry (£40).

If the district judge includes the Land Registry fee in the final charging order, you should:

  • make a note of the figure and circumstances on the case papers and IDMS
  • enter the amount of the fee on SAFE.

If the district judge does not agree to include the Land Registry fee in the order, you should accept the decision but such instances will be rare.

If the district judge dismisses your application, send a full report to the EIS Bradford CCP Technical Team immediately.

If the interim charging order has already been registered, you should also send a copy of your report and the sealed original dismissal order to the Solicitor’s Office immediately.