united-kingdom property bankruptcy
Interim Charging Order on Property was never changed to a Final Charging Order
<p>If an Interim Charging Order on a property was never updated to a Final Charging Order can I get it removed? It has been over 13 years.</p>
<p>Edit to add more detail.</p>
<p>The creditor managed to sneak the interim charging order in the day before my bankruptcy hearing. So literally the very next day I was declared bankrupt. This was back in October 2009 and I am in England &amp; Wales. I have not heard from the creditor since 2009, the debt has not been paid off, and as I say the interim charge was never made in to a final charge on the property title.</p>
<p>Thanks for the help!</p>

<p>I suspect what has happened is the court has set aside, or refused to enter, a Final Charging Order because you were made bankrupt before the Final Charging Order could be issued.</p>
<p>In <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2009/811.html" rel="nofollow noreferrer">Nationwide Building Society v Wright [2009] EWCA Civ 811</a> the Court of Appeal held that bankruptcy was a barrier to a Final Charging Order being issued if the bankruptcy commenced before the Final Charging Order could be issued. On the facts in your question, it is clear that no such Final Charging Order was issued before the bankruptcy commenced.</p>
<p>An Interim Charging Order will by necessity end unless a Final Charging Order is made. Since no such Order was made, it would seem that the Interim Charging Order has ended: the interim order is designed to stop someone from disposing of assets until the court can decide whether a final order is necessary. If no final order is made, the interim order dies with it.</p>
<p>A check on the Land Registry against the property would be needed to ensure that any notices or restrictions have been removed. If they are still present against the property's entry, an application to have them removed will have to be filed.</p>
<p>Furthermore, the Limitation Act 1980 provides a time limit of six or twelve years (cause of action dependent) for the creditor to take action to enforce their rights.</p>
<ul>
<li><p>In relation to enforcing judgments, the creditor has six years from the date of judgment to enforce it (<a href="https://www.legislation.gov.uk/ukpga/1980/58/section/24" rel="nofollow noreferrer">Section 24 of the Limitation Act 1980</a>)</p>
</li>
<li><p>In relation to recovering money secured by a charge or to recover the proceeds relating to a sale of land, the creditor has twelve years from the date that their right to receive the money started (<a href="https://www.legislation.gov.uk/ukpga/1980/58/section/20" rel="nofollow noreferrer">Section 20 of the Limitation Act 1980</a>)</p>
</li>
</ul>
<p>In either case, even if a Final Charging Order were able to be made in these circumstances, it is possible to argue that the relevant sections of the Limitation Act 1980 prevent the creditor from pursuing any right of action and so the debt (and any enforcement action) is statute-barred.</p>
