Can a creditor put a charge on my house?
A charging order turns an unsecured debt into one secured on your home. It does not mean the home will be sold — but it is a step you should respond to.
Applies to: England & Wales
What to do now
- If you receive an interim charging order, note the deadline to object — usually 28 days from service.
- Write to the court and the creditor setting out your objection and your circumstances, and attend any hearing.
- Get free advice early, especially if the creditor applies for an order for sale.
How a charging order is made
- Interim order — usually made by a court officer without a hearing, and registered against your property at the Land Registry.
- Your chance to object — usually within 28 days of being served, in writing to the court and creditor.
- Final order — decided by a judge, at a hearing if you object. The court weighs your circumstances and those of anyone you live with.
If you are keeping up with your CCJ payments
For judgments made since 1 October 2012, a creditor can apply for a charging order even if you are paying the instalments the court ordered. The law says the fact that you are not in default does not prevent an order, but the court must take it into account — so evidence that you are up to date matters.
Can they force a sale?
Only with a separate order for sale, which courts grant only after considering things like the equity, your family and other ways of repaying. For a debt under a regulated consumer credit agreement, an order for sale cannot be made to recover less than £1,000.
Joint homes
If the debt is in your name only, the order attaches to your share of the property. Joint owners, and a spouse or civil partner living there, should be told about the application and can take part in the hearing.
Getting it removed
Once the judgment debt is paid, ask the court for a certificate of satisfaction and apply to have the charge removed from the Land Registry.
You never have to pay for debt advice. MoneyHelper (government-backed), StepChange, National Debtline and Citizens Advice all give free, confidential advice with no obligation.
Common questions
Can a credit card company put a charge on my house?
Only after getting a County Court Judgment and then applying separately for a charging order. Even then, forcing a sale needs a further order, and for a regulated consumer credit debt that cannot be made for less than £1,000.
Will a charging order mean I lose my home?
Not on its own. It means the debt is repaid from the proceeds if the property is sold. A creditor would have to apply for an order for sale, and the court considers your circumstances first.
Can I object to a charging order?
Yes. After an interim order you can object, usually within 28 days, explaining why a final order should not be made or what conditions should apply.