Tribunals, Courts and Enforcement Bill [HL]

moved Amendment No. 79: 79: Clause 85 , page 53, line 32, at end insert— ““(9) Where the judgment that is the subject of a charging order application relates to an agreement regulated by the Consumer Credit Act 1974, the court shall not make a charging order if an order under sections 129 to 135 of that Act is appropriate.”””” The noble Lord said: My Lords, in moving the amendment, I shall speak also to Amendments Nos. 80, 81 and 82. We expressed concern in Grand Committee that an unsecured debt could become a secured judgment. We had a valuable discussion on the relevant amendment. Considerable concerns were expressed to me by Citizens Advice about the effect of these provisions. However, since that time—it was 12 January—the Minister has written to me at length and has pointed out that everything is in the hands of the court and that, where a judgment has been obtained, whether a charging order is granted in the first place is at the discretion of the judge. She has pointed out also that the order for sale under the charging order will not be made so long as the debtor complies with any instalment order that may be made. The concerns of Citizens Advice seem to have been answered by the letter which the Minister has sent to me and has placed in the Library. I move the amendment simply so that she can put it on the record in her response. I beg to move.