CREDITmanagement
Orders for Sale
Two further examples:
1. “Unfortunately many courts are now receiving many unmeritorious applications for orders for sale often made by an assignee in respect of small or modest debts (such as credit card debts) purchased at a knock down price. Such applications are likely to be dismissed as totally without merit and subject to an adverse costs order”. Serious abuse is suggested, whereas the vast majority – maybe the totality - of the 346 listed applications represented such try-ons, and MoJ evidently trusts its DJs to see them off.
2. “We have seen cases where creditors are not using any other form of enforcement before applying for an order for sale (where fi rms have a policy of using orders for sale). We have also seen applications for attachments of earnings after an order for sale has not reaped suffi cient equity, rather than beforehand”. Again serious-sounding, except that creditors can use as many enforcements as a case warrants, and in any order, subject always to DJ scrutiny.
Cm
Jeremy Sutcliffe is Vice President of the Civil Court Users' Association.
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