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Tribunals, Courts and Enforcement Bill [HL]

We are trying to prevent a situation arising where once the asset is sold, it is too late. You cannot get a charging order against something that does not exist. Although there are people for whom this might not be appropriate, there are also people who are paying off debts who have assets, and it might be appropriate to make sure that if they moved to sell those assets the debt would be recognised. That is all we are seeking to do. It is completely reasonable. Debtors come in all shapes and sizes and have a variety of assets. This is a recognition that such action may be appropriate. It is not about trying to hold something over someone’s head, to use the noble Lord’s terminology, but a recognition for the creditor that when someone is paying regularly, there may be circumstances in which it is appropriate to take that action. The judiciary would consider it appropriately. This is not about trying to sell someone’s family home and force them out—quite the opposite. It is a recognition that when they come to sell something, there is a debt to be realised within that.