Tuesday, 18 May 2010

Charging Orders and Orders for Sale.

At last year's Plaid Cymru Conference the following motion, moved by myself and seconded by Marc Jones was passed unanimously:

1.Conference calls upon Plaid Cymru Members of Parliament to seek an amendment to the Charging Orders Act 1978, to prevent creditors obtaining a charging order to recover an unsecured loan unless the loan exceeds £30,000 or 25% of the value of the value of the asset; whichever is the greater.
2.Conference calls upon Plaid Cymru Members of Parliament to call for the sections of the Tribunals, Courts and Enforcement Act 2007, that allows for creditors to impose a charge without recourse to the County or High Court to be revoked.

The Ministry of Justice have now launched a consultation exploring whether minimum thresholds should be introduced on orders for sale applications which is the end result of the grant of a charging order on an unsecured debt. The Minsistry of Justice have previously announced that they would NOT be implementing any of the provisions within Part 4 of the Tribunal, Courts and Enforcement Act 2007. The Office of Fair Trading have also announced a review of charging orders. This is everything we asked for in our motion to conference.

Whilst most of the credit for these changes will be claimed by Citizens Advice lobbying activity; Hywel Williams MP is also to be congratulated for making our motion a reality by introducing changes at Westminster and also influencing the Ministry of Justice to make the relevant changes.

This shows how influential Plaid Cymru can be even with a few MP's. It most certainly puts paid to the argument that a vote for Plaid Cymru is a wasted vote.

(Source : Citizens Advice Bureau Social Policy Bulletin March 2010)

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