Notice of Intention to make an Order Charging Land
If the Enforcement of Judgments Office (EJO) intends to place an Order Charging Land (OCL) on your land or property, this will secure your debt if you sell it. This means you have to pay the amount due on the judgment and remove the OCL before any sale can complete.
What you can do
If you have received a notice of intention to make an OCL, there are a number of options available to you, including:
- if you believe you have grounds for doing so you may object in writing to the EJO within eight days and your objection will be listed for hearing in front of the Master
- you can pay the judgment in full to the EJO by bank transfer, by card over the phone, by cheque, postal order or cash
- you can pay directly to the creditor - full payment will prevent the charge being issued
- you can try to come to an arrangement with the person you owe the money to and ask them to request for the EJO not to issue the charge
What can happen next
Depending on your case and what you decide to do, a number of things can happen, including:
- if you do not object or your objection is overruled - the charge will issue and you will have to pay for any extra costs (this can range from £15.00 to £113.20)
- if the judgment is not paid the charge will issue once the OCL is registered against your land or property - it will stay for 12 years from the date of the judgment and any equity (or profit) from the sale of the property will be used to pay the amount owed under the judgment
- in some cases even if the property is sold at a loss, some creditors will receive payment before your bank or building society
- you will require a certificate of satisfaction to remove a charge from your land/premises - these cost £20.00 each
- if you break an arrangement in some cases the creditor can approach the High Court to force the Power of Sale - this may result in a possession order for the repossession of your land/property