3rd Party Debt Order

flacksd

Hi All,

Please go easy as I am new.

I am in a bit of a situation and any advice greatly appreciated.

Background:-
I sold my car whilst it was in a HP agreement, intending to settle the account with the HP company who is Moneybarn. Regrettably and I was wrong to do this I know but later when my family had a financial crisis I used this money as otherwise we would have been homeless.
I have subsequently tried to negotiate a payment arrangement with the company but they are hostile,vague and cryptic, I have offered them £100/month the outstanding is £6930, but they have refused this and say I can just pay it reducing the balance but they reserve the right to take further action (as this will undoubtedly increase my indebtedness I am reluctant to agree to this without knowing if I maintain the payments they will stop adding charges/fines etc for continuing to pursue the matter - while I am paying them).

Developments
They have now filed a 3rd party debt order against me which charged me a £55 admin fee from my bank and £7.37 from my account (all that was in the account at the time) which I believe they hold until Feb 19th when the judge decides if they can keep that money or not.

Questions:-
What I would like to know is...naturally in the first instance - Is my understanding correct?

1. Does this 3rd part debt order apply only to funds seized that day?

2. Can they repeatedly file 3rd party debt orders or is this something they can only do once?

3. If they can do it repeatedly - Is there any way I can block later attempts - is this something I should bring up in the hearing to decide if it should be made Final?

4. I am currently not paying them, due to the fact that i don't want agree to pay an open ended amount.(continually adding charges) Would it be better for me to pay them the £75/month anyway?

5. Ultimately I know I owe this money I am currently unemployed, and I would like to get an arrangement in place that lets me make payments against a fixed amount. If you can't agree, is there any arbitration that would enforce such an arrangement? Is there any other way I can twist their arm into accepting this arrangement?

All help greatly appreciated

milliemonster

Have a read of this: http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/creditor_takes_money_from_your_bank_account.htm

It looks to me like they have applied for an interim order which essentially means that the bank have frozen your account so any money that goes into there until the court hearing on 19th feb will be taken to pay your creditor up until the amount owed, any bills you have due to come out between now and then will not be honoured. It's not an order that is 'repeated' as such, but now it has been made, any money that goes into that account, the bank are obliged to pay straight to your creditor until the full amount owed is repaid only then will the order cease.

As this is only an interim order, which is why you have a court date on 19th feb, I would advise you to take legal advice in how to proceed with this to have the order reversed and a repayment plan put in place.

What has happened to the car that was sold which still now belongs to the HP company?