Third party debt orders....

taconite2

Hi guys,


So basically I have a CCJ against someone who owes me £3175. They didn't attend the original hearing, no evidence presented in court or response to any of my letters for 6 months. So it was an easy win.


I applied for a third party debt order (which took ages to process) to which I finally got a response out of them....weird how people take notice when their accounts are frozen!!!


Basically got called in over the phone with less than 30mins notice to a hearing today for a hardship order - £900 in the bank account, they are claiming £575 for rent and £15 a day for living costs....So I got £175....


Personally I think this is silly given they are going on holiday next week so clearly there's something funny going on I can't prove....£15 a day till next day day? (20days) - sounds like a lot to me!!!!!


Can I appeal this hardship order? Or reduce it? Or was today my only chance? It was very awkward given I didn't have time to prepare my case.








Also if someone get paid on a certain date...how do you make another third party debt order on the next payday? All I know is my with my employer the salary is paid after midnight but before I wake up in the morning....How do you time down to the hour for the freezing to stop them sending any of it?


Because this time I know they get paid £1500 a month and in less than 7 days the account was £900......what God knows what happened to the £600 in 1 week....


Thanks

bris

You can't get what they don't have, the courts award you what they can have left after living costs.


What about assets, have you instructed Bailiffs? They can seize goods with a court order to take any assets to sell. May sound a bit harsh but at the end of the day they had debts to pay but instead they book a holiday, sympathy slides a bit for the can pay won't pay.

browneyedbazzi

Given that a lot of people time their major bills to come out of their account soon after pay day I don't think £600 coming out of their account in a week is unusual at all - in the days immediately following my pay day there's probably near £1000 debited from my account.

And £15 per day to live on which will need to cover food, transportation, possibly heating and electric for their home etc doesn't seem like a huge amount to me and I believe is a fairly standard amount allowed by the courts.

As above, you are probably better of instructing bailiffs who will be able to seize goods or work out a payment plan with the debtor and collect the money on your behalf.

taconite2

But they can refuse bailiffs entry? She's going on holiday next week....so how could they access the property?



They are leaving for Australia soon (£600 flights plus £800 shipping her stuff over - yet apparently has no money!) - that's why I'm trying to rush it through!!
My only other option is to transfer the CCJ to the Oz courts!


Thanks for the advice!