The Enforcement process has been subject to a number of reviews and amendments over the last few years, the latest being the introduction of the Tribunals Courts and Enforcement Act 2007.

A number of sections of this Act have not yet come into force, but are likely to do so in 2009.

There are a number of provisions which largely affect the Charging Order process, these include:

• Courts to make Charging Orders even if a debtor is not in default of an instalment order.  The charge however may not be enforced, by way of Order for Sale, unless the debtor defaults upon the instalment arrangement.
• The Lord Chancellor to set regulations for a threshold limit for making Charging Order applications and Orders for Sale.  The thresholds may affect the ability to obtain a Charging Order on an unsatisfied judgement or Order of the Court, with the limit thought to be about £1,000.00, similar to the threshold set under the Council Tax Enforcement Regulations adopted by Local Authorities.

There is, however, likely to be some form of exemption for utility companies who tend to have lower value debts.  If the limit for a Charging Order is set at £1,000.00, then the proposed limit for an Order for Sale is likely to be much higher.

With debt figures at an all time high and there being no prospect of an end to the current financial climate, creditors will need to ensure that they are working harder than ever to recover cash and adopt the correct recovery strategies.