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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: removing charging orders

Property cases

You should arrange for a charging order to be removed only where:

  • you have received full payment of the judgment debt (either before sale or on completion of a sale)
  • following completion of the sale, you have received part (or no) payment and the solicitor or conveyancer handling the sale confirms that no further money is due to the judgment debtor to satisfy the judgment debt
  • requested by EIS (for example where other arrears have been submitted to that office to consider bankruptcy proceedings).

To remove the charge you should:

  • email instructions to remove the charge to Recovery, Team (Sols) giving

    • the Solicitor’s Office reference (this will start SLR…)
    • the name of the judgment debtor and the address of the property subject to the charging order
    • the title number of the property subject to the charging order
    • the reason for the request and
    • in payment cases, the date and amount of payment.

The Solicitor will confirm by email that the registration has been lifted.

Financial product cases

You should agree to a charging order to be removed only where:

  • you have received full payment of the judgment debt (either before or after sale)
  • following completion of the sale, you have received part (or no) payment and the administrator of the financial product confirms that no further money is due to the judgment debtor to satisfy the judgment debt
  • requested by EIS (for example where other arrears have been submitted to that office to consider bankruptcy proceedings).

Where the financial product has been sold to satisfy, wholly or partly, the judgment debt it will not normally be necessary to have the charge removed because the asset itself, subject to the charge, has been sold. However where the administrator of the financial product requests confirmation of the position, you should write to the administrator confirming that your interest in the financial product is now concluded.

Where the judgment debt has been wholly satisfied by means other than the sale of the financial product you should write to the administrator of the financial product advising that:

* the judgment debt has been satisfied
* the charge on the financial product can be removed.