Third Party Debt Order?

michelefauk

Hi,

Me again! Does anyone have any experience of a third party debt order? The CSA are going to court today against my ex to try to obtain one, I think it means they can frreze his bank account for 24 hours to take anything in there to pay off the arrears? (Although I wouldnt have thought he would have more than a few pence in his account, let alone the £38,000 he owes in arrears!)

Does he have to appear in court? I believe a representative from the CSA will be there, what happens if he doesnt turn up? Can they proceed without him? Will he have had prior knowledge of this, as if so, then I am sure he would have emptied his bank account if there was any funds in it anyway.
When will I know what has happened? Will the CSA actually inform me or do I have to chase them up? I have asked the CSA all about it, but they are very vague as to what actually happens, and were reluctant to tell me too much in case I tipped my ex off!!! As if!!

kelloggs36

As far as I know it is all done without his knowledge because otherwise it gives hem the chance to take any money out in advance!! You are correct in your assumptions about what it is though! I would call them tomorrow and ask if they were granted the order and how successful they were.

Good luck

michelefauk

Thanks, do you know if there any grounds under which they would not be granted the order? Is it purely down to the judge on the day? there is also a criminal case going on due to non compliance, is that anything to do with the TPDO?

Sensemaya

michelefauk wrote: »

Thanks, do you know if there any grounds under which they would not be granted the order? Is it purely down to the judge on the day? there is also a criminal case going on due to non compliance, is that anything to do with the TPDO?

Hope you are all keeping well.

I cannot think why the judge would not grant the Order. Thing is, like you say, will there be enough dosh in the b/a to cover all or some of the arrears? The CSA are trying this method due to non-compliance. Didn't work with mine though.

michelefauk

Hi you, all well here thanks, hope same for you

I have no doubt that the CSA will get zero if/when they get their hands on his bank account, I doubt he is even paid his salary into his bank to be honest, his employer wont co-operate with the CSA in as much as confirming his income, he is still assessed as nil even though the CSA know he is working because his employer wont tell CSA how much he is earning, which they are in trouble with Criminal Compliance over but dont seem worried, so I would imagine he has some deal going with his boss where he is paid in cash or cheque. Next step they are saying is committal, not that he would be worried as he is already awaiting a court case for drink driving/driving with no insurance/MOT/Tax so is probably going to prison anyway for that as it would be his 3 time drink driving so a piddly little sentence from the CSA isnt going to upset him! Oh and yes, I have stopped the children going anyway near him at the moment, am terrified he will drink and drive with them in the car, god it sounds so sordid doesnt it, that is why he is my EX!

lauren_1

Can they push accounts in to their over drafts??
Can they survey the accounts to see when cash goes in?

Sensemaya

michelefauk wrote: »

Hi you, all well here thanks, hope same for you

I have no doubt that the CSA will get zero if/when they get their hands on his bank account, I doubt he is even paid his salary into his bank to be honest, his employer wont co-operate with the CSA So what are the CSA doing about prosecuting his employer??????? in as much as confirming his income, he is still assessed as nil even though the CSA know he is working because his employer wont tell CSA how much he is earning, which they are in trouble with Criminal Compliance over but dont seem worried, so I would imagine he has some deal going with his boss where he is paid in cash or cheque. Next step they are saying is committal, not that he would be worried as he is already awaiting a court case for drink driving/driving with no insurance/MOT/Tax so is probably going to prison anyway for that as it would be his 3 time drink driving so a piddly little sentence from the CSA isnt going to upset him! Oh and yes, I have stopped the children going anyway near him at the moment, am terrified he will drink and drive with them in the car, god it sounds so sordid doesnt it, that is why he is my EX!

I know what a ba*** he is. If he gets sent down for DD, then I hope he gets sent down again for non-compliance with the CSA. Little comfort for you though.

Sensemaya

lauren_1 wrote: »

Can they push accounts in to their over drafts??
Can they survey the accounts to see when cash goes in?

Two very good questions to which I don't know the answers.

michelefauk

re his employer, I have spoken to a chap from Criminal Compliance a few times who say they are investigating (they have had his employers details since May) They wont tell me any more details as it is "a criminal case" and they dont want to jeopardise it! I wont hold my breath that they will get a result.

As for the DD offence, it is the lowest of the low, I did in fact ban him from taking the children in his car a while ago as I could see the tax disc was out of date, he swore that he did have a tax disc but just wasnt displaying it, yeah yeah! So how come he is being done for no tax??! Even his lies arent true!

Will ring the CSA and find out what the result was yesterday, will let you know.

fermi

The HMCS factsheet in this link explains a lot about these orders (assuming that this one will work in the normal way).

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex325_0405.pdf

kelloggs36

Do let us know Michelle - don't let them fob you off = although you are a seasoned CSA fighter so you don't need telling!!!