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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Thursday, 14 December 2006. It occurred during Debate on bill and Committee proceeding on Tribunals, Courts and Enforcement Bill [HL].

Tribunals, Courts and Enforcement Bill [HL]

This is the amendment of the noble Lord, Lord Kingsland, so he will have to decide what to do with it. However, I think clarification is called for. It would be undesirable if creditors rushed to the court to obtain charging orders on people’s homes even though the debtor was keeping up the payments. If there is a realisation of assets and the person concerned becomes wealthier as a result of his home or shares being sold, it is open at that point for the creditor to go back to court and ask for a different order. It is not necessary to hold over a person the possibility that at some future date he might sell his home or his shares and obtain a charging order for an event that may not happen. If it is a judicial decision, obviously all these issues will be considered by the court.

Secondary information

Type
Proceeding contribution
Reference
687 c122GC 
Session
2006-07
Chamber / Committee
House of Lords Grand Committee
Subjects
Complaints Conditions of employment Appeals Courts Administration of justice Administration Assets Debts Cultural heritage Debt collection Certification Arrears Attachment of earnings Fees and charges Licensing Enforcement Eligibility Judiciary Exemptions Households Functions Judges Income Landlords Ownership Powers of entry Membership Public appointments Payments Museums and galleries Loans Staff Lord Chancellor's Department Non-departmental public bodies Tribunals Regulation Tenants Rents Sequestration of assets Council on Tribunals Administrative Justice and Tribunals Council
Legislation
Tribunals, Courts and Enforcement Bill (HL) 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk