FE7 Charging Order on Securities UK: How to Apply
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When someone has a County Court or High Court judgment against a debtor who refuses to pay, one of the enforcement routes available is to secure the debt against assets the debtor owns. Where those assets happen to be shares, bonds, unit trusts or other securities, Form FE7 is the document the creditor uses to ask the court to attach the debt to those holdings.
It's a useful tool because, once granted, the charging order prevents the debtor from quietly selling the securities without the debt being paid, and it can eventually be enforced by an order for sale. This page walks through what the form does, how the process typically works, and what information you'll need to pull together before you file.
What this document is
Form FE7 is the application a judgment creditor uses to request a charging order over a debtor's interest in specified securities. A charging order is a court order that places a legal charge on an asset, in much the same way a mortgage sits over a property.
Once the charge is registered, the debtor cannot deal with the securities freely, and the creditor has a secured interest in them up to the value of the outstanding judgment debt. The application is made under the Charging Orders Act 1979 and the Civil Procedure Rules.
The securities that can be charged include government stock, shares in a company registered in England and Wales, units in a unit trust, and certain other interests set out in the legislation. The court will usually make an interim charging order first, which gives notice to the debtor and any other interested parties, followed by a hearing at which the court decides whether to make the order final.
If granted, the final charging order secures the debt but does not, on its own, force a sale, that would require a separate application.
How to use this document
- Confirm you have an enforceable judgment. Before filing FE7, you need a judgment or order from the court that the debtor has failed to pay in full. The judgment debt must be due and payable. If a payment plan is in place and the debtor is keeping to it, a charging order may not be available, so check the position carefully.
- Identify the securities and the debtor's interest. You'll need to know what the debtor holds and in what capacity. This might be shares in a named company, government stock, or units in a fund. The form asks you to describe the securities precisely and to set out the nature of the debtor's interest, such as whether they are the sole beneficial owner or hold jointly with someone else.
- Complete Form FE7 in full. Fill in the creditor's details, the debtor's details (including date of birth, address and contact information where known), the judgment debt figures, a description of the securities, the debtor's interest in them, any other known creditors, and anyone else who may have an interest and should be served. There's space for further supporting information if you need it.
- Sign the statement of truth and file with the court. The form must be signed by the creditor or their legal representative, confirming the facts stated are true. File the application with the appropriate court along with any fee payable (check gov.uk for the current amount). The court will consider the application, usually without a hearing at this stage.
- Deal with the interim order and final hearing. If the court makes an interim charging order, you must serve it on the debtor and any other parties identified, within the timescales set out in the order. A hearing date will be listed for the court to decide whether to make the charge final. At that hearing, the debtor and others served can raise objections, and the judge will decide whether the order should be confirmed.
Common questions
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Common questions
Q What kinds of securities can be charged using Form FE7?
The Charging Orders Act 1979 lists the types of securities that can be charged. These generally include government stock, shares and stock in companies registered in England and Wales, units in authorised unit trusts, and funds held in court. Foreign shares and securities in companies registered outside England and Wales usually fall outside the scheme, which is one reason to check the debtor's holdings carefully before applying.
Q Does a charging order mean I'll get paid straight away?
No. A charging order secures the debt against the securities but does not automatically produce cash. It stops the debtor from dealing with the asset without the charge being addressed, and it gives you priority if the asset is sold. To actually recover the money, you may need to apply separately for an order for sale, or wait until the debtor disposes of the securities and the charge is paid off from the proceeds.
Q Can I apply for a charging order if the debtor is paying by instalments?
This is one of the trickier points. If the debtor is complying with an instalment order set by the court, the position on whether a charging order can still be made has been considered by the courts. Generally, the existence of an instalment order does not automatically bar a charging order, but the court will take it into account when deciding whether to make the order final. It's worth checking the current position before applying.
Q Who else needs to be told about the application?
The form asks you to identify other creditors of the debtor you know about, and any other persons who may have an interest in the securities, for example a joint owner or a trustee. These parties are usually served with the interim order so they can attend the hearing and raise any concerns. Listing them properly on the form is important because missing someone out can cause delays.
Q What happens if the debtor disputes the charging order?
At the final hearing, the debtor (or anyone else served) can object to the order being made final. Common objections include that the debt has been paid, that there's a dispute about the amount, that the securities don't belong to the debtor, or that making the order would be unfair to other creditors. The judge weighs up the arguments and decides whether to confirm, vary or discharge the interim order.
Q Do I need a solicitor to apply?
You can file Form FE7 yourself as a litigant in person, and many individual creditors do. That said, charging orders over securities can involve tricky issues, particularly around valuation, joint holdings and competing creditors. If the amounts are significant or the situation is complex, taking legal input before filing can help you avoid procedural mistakes that might delay or derail the application.
Q What fee does the court charge for this application?
There is a court fee payable when you file Form FE7, and the amount changes from time to time. You should check gov.uk for the current figure before sending in your application. Fee remission may be available if you're on a low income or receive certain benefits, and the same source explains how to apply for that.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- LegislationCharging Orders Act 1979legislation.gov.uk
- Guidance · HMCTSCivil Procedure Rules Part 73 – Charging Ordersjustice.gov.uk
- Guidance · UK GovMake a court claim for money (gov.uk)gov.uk
- Guidance · HMCTSCourt and tribunal fees (gov.uk)gov.uk
Legal helpline
Not sure if a charging order is the right move?
Charging orders on securities involve court procedure, timing and a few traps that catch people out, especially where joint holdings or instalment orders are in play. An experienced legal adviser can talk you through how the process works and what to watch out for, based on what you describe on the call.
- A plain-English walkthrough of how charging orders on securities work
- Practical perspective on whether this route suits your specific situation
- What to watch out for when completing and filing Form FE7
- Answers to your specific questions about enforcing your judgment
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.