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Two methods of Recovery

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  • March 31, 2006 at 9:31 am #20607
    pauldean
    Participant

    We have obtained a few charging orders for CTAX debt but have cannot enforced the sale of the properties. My legal department are now saying that if they get employment details then I can AOE as the charging order is not a method of enforcement (it merely secures the debt).
    I still hold that this would be two methods of recovery at the same time
    Does anyone else out there do charging orders or have experience in this area?

    March 31, 2006 at 10:27 am #3254
    gerryg
    Participant

    Hi

    I think you are right. The A&E Regs say:

    [quote:e55fd47981]Relationship between remedies
    52.—(1) Where a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) a person under regulation 47(3), no steps, or no further steps, may be taken under this Part by way of attachment of allowances, attachment of earnings, distress, bankruptcy or charging in relation to the relevant amount mentioned in regulation 47(4).

    (2) Steps under this Part by way of attachment of allowances, attachment of earnings, distress, commitment, bankruptcy, winding up or charging may not be taken against a person under a liability order while steps by way of another of those methods are being taken against him under it.
    [/quote:e55fd47981]

    It specifically lists the methods (including charging) and says you cannot do more than one at a time

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