Small Claim Advice

terryw

As regards the third party debt order. You know of one extant account. Only you can decide if it is worth extra fees to go for this. Sure it keeps the pressure on but may not produce the cash

You are not alone. Many if not most CCJs remain unsatisfied after all the legal enforcement procedures are attempted.

unholyangel

ease wrote: »

The problem with that is that I think the defendant has quite a few bank accounts. They were asked to show statements from 3 accounts but closed 2 of them before going to court. The only one that's left doesn't seem to have a very big balance, so I'm pretty sure they're now using another undisclosed account to receive payments for work.

You dont need the bank account details, just reason to believe that person holds an account with them.

It wont work if the account she's using isnt in her name though

ease

unholyangel wrote: »

You dont need the bank account details, just reason to believe that person holds an account with them.

It wont work if the account she's using isnt in her name though

Ah right, but I'd need to know the bank right? She had 3 accounts with the same branch of 1 bank, but closed 2 of them. I know of 2 other banks that she had accounts with (since these were disclosed to the court as "proof" that she had no money), but not sure of anywhere else.

Do either of you know what happens if I do a third party debt order and there's not enough money in the bank to satisfy the debt? Will they just take what's in there and pay that against the debt? Or if there's not enough will they just take nothing?

unholyangel

ease wrote: »

Ah right, but I'd need to know the bank right? She had 3 accounts with the same branch of 1 bank, but closed 2 of them. I know of 2 other banks that she had accounts with (since these were disclosed to the court as "proof" that she had no money), but not sure of anywhere else.

Do either of you know what happens if I do a third party debt order and there's not enough money in the bank to satisfy the debt? Will they just take what's in there and pay that against the debt? Or if there's not enough will they just take nothing?

I think its different north and south of the border. Up here theres a protected minimum balance (cant remember the exact sum but its between £400-500) meaning only amounts over and above that will be frozen (leaving them the £400 and odd quid to live on) but I think down south you can freeze everything and the debtor needs to apply to courts to show hardship etc to get any of the money released back to them. They did that (minimum balance in scotland) because it was a loophole creditors could use - for example they couldnt touch your wages because you didnt earn enough but the second those wages were paid into your bank, they could freeze the whole amount, so the minimum balance helps prevent that happening but afaik, england doesnt have the same so the loophole can still be used.

This page might provide some help:
https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/creditor-takes-money-from-your-bank-account/

ease

Thanks for that link, it confirms that they can just take whatever they have in there, even if it doesn't cover the full amount. Although I don't know whether they check more than one account ie if I tell them she has an account at Barclay's, if they'll then freeze all of her accounts with them, or just the one. I have a feeling she's just closed a couple of accounts but opened new ones immediately. It might be an option to use if she continues to refuse to send me anything.

Failing that I guess I'm going to have to pay bailiffs to visit her and hope they scare her enough to pay them the full amount when they turn up?

terryw

ease wrote: »

Thanks for that link, it confirms that they can just take whatever they have in there, even if it doesn't cover the full amount. Although I don't know whether they check more than one account ie if I tell them she has an account at Barclay's, if they'll then freeze all of her accounts with them, or just the one. I have a feeling she's just closed a couple of accounts but opened new ones immediately. It might be an option to use if she continues to refuse to send me anything.

Failing that I guess I'm going to have to pay bailiffs to visit her and hope they scare her enough to pay them the full amount when they turn up?

The last time I issued a third party debt order I only knew of one account and quoted that number in the application. The bank gave details of three accounts and the judge made the order against all three accounts. Best of luck

ease

terryw wrote: »

The last time I issued a third party debt order I only knew of one account and quoted that number in the application. The bank gave details of three accounts and the judge made the order against all three accounts. Best of luck

That's some useful info, thanks. May be a pretty good option to try and recover some money initially.

Right now I'm waiting to hear back from the court about the evidence I sent to show that she didn't send them what they asked for. Pretty stupid since it's so ridiculously obvious. Do you think I need to wait for a reply to that before doing anything?

terryw

The courts have a procedure for complaints. Check this out to see if your case app

ease

Thanks, will do. They've been pretty useless through all this.

arcon5

terryw wrote: »

As regards the third party debt order. You know of one extant account. Only you can decide if it is worth extra fees to go for this. Sure it keeps the pressure on but may not produce the cash

You are not alone. Many if not most CCJs remain unsatisfied after all the legal enforcement procedures are attempted.

state your source for such a wild claim