Third Party Debt Order

naedanger

nigpay1 wrote: »

This address is to send the N379 Charging Order form, not the N349 Third Party Debt Order.
Does anyone know where to send the form for a Third Party Debt Order?
thanks

Sorry about the previous address.

If your claim is a Part 7 money only claim and was issued in the County Court Business Centre (CCBC) or County Court Money Claims Centre (CCMCC) you should, make your application to the court which covers the defendant’s home address. You can find this online at courttribunalfinder.service.gov.uk

And on courttribunalfinder.service.gov.uk you get to the following, for a money claim, and enter the postcode of the defendant's address:

https://courttribunalfinder.service.gov.uk/search/postcode?aol=Money+claims&spoe=continue

However if you are in Scotland I don't think this works.

Sab84

HI !

I am new in this kind of discussion, i hope someone can help me ,
So I had won a case against a man who supposed to be my landlord but he wasn't..... the story is too long ,the fact is that man didn't give me my deposit back ! Never came to the court, the judge took the decision in my favor, I've done a writ of control, but the bailiff cannot be able to get my money, SO know I am sending the form N349 to the court. The problem is the court send me back the form 3 times! OMG!:eek: Can't understand what wrong with it
The judge says : " THE APPLICATION IS REFUSED BECAUSE THE CLAIMANT HAS NOT COMPLIED WITH PARAGRAPH 6 OF THE PRACTICE DIRECTION TO CPR 70."

Is it possible to Help me i'm really frustrated know, thank you so much.

DevCoder

Paragraph 6 is regarding interest (if you are claiming interest on top of the debt), you ned to detail the interest calculation and the rate used

Paragraph 6A is regarding enforcing judgement on partnerships or members of partnerships outside of the jurisdiction.

Is it 6 or 6A thats the issue?

Sab84

First thank you for answer me Krisdorey,

Yes I have read the paragraph 6 who is issue not 6A
The judge ordered is:
1. Defendant shall pay the Claimant the of £2700 in respect of the tenancy deposit by 4:00pm on the 17th October.
2. The Defendant shall pay the Claimant the further sum of £8100 pursuant to s.214 of the Housing Act2004.

And I am not asking for any order costs or intesrests because I am doing all the procedure on my own, the fact is the solicitors are too much expensive. and with the form ex160 I can benefit to a remission fee.
And the bailiff has managed to covered £1497.15 that why the amount is less in section 2 on the amount due.

My form n349 is filled like this :

1. Judgment debtor
the judgment debtor is .......
whose adress is..............

2. Judgment debt
The judgment or order required the judgment debtor to pay £ 10800 ( including any costs and interest).The amount now due is £9302.85[ which includes further interest].

0 no instalments
(tick) The judgment or order did not provide for payment by instalments.
3. Third party

(tick) the third party is Mr.....................
whose adress
..................................................

4. (tick) None
5. blanck
6. Other applications
(tick) the judgment creditor has already made the following application(s) for third party debt order:
Details of application(s) WRIT OF CONTROL
Third party's name E............ high court enforcement
adress ....................


Can you see any mistake? thanks one's again to help me

DevCoder

In your section 2 it refers to "includes further interest" , if this is the case then you need to give a proper breakdown of what was the original capital amount and what is the interest element added (including an interest rate)

steampowered

The Practice Direction provides as follows:

Interest on judgment debts

6 If a judgment creditor is claiming interest on a judgment debt, he must include in his application or request to issue enforcement proceedings in relation to that judgment details of –
(1) the amount of interest claimed and the sum on which it is claimed;
(2) the dates from and to which interest has accrued; and
(3) the rate of interest which has been applied and, where more than one rate of interest has been applied, the relevant dates and rates.

I'd suggest including three brief sentences addressing each of those three points.

Sab84

Krisdorey Do you thing if I just remove the annotation " includes further interest"
it wil be ok? the judge will finally accept my form?

If my form retourned me back 3 times just for this I am going to be mad.....


Steampower
Thank you for replay

I just read it many times but the things are that I don't think that I am claiming for any interests with any rates or anything like this, as I show what I put on my form it's just what the judge ordered.

steampowered

Delete the part which says "[includes further interest]".

Whenever you see square brackets in a legal document, it means that the wording may not be required and should be deleted if it isn't relevant.

Hopefully that should resolve the issue you are encountering.

Sab84

Ok I will delete this part and send it again tomorrow
I will let you know if it's finaly accepted
Thanks again

Sab84

Hi, everyone !

Quick reply to inform you that the judge had finally accept my form N349 lol my mistake (if it can help someone) was that I always forget to delete the part "[INCLUDES FURTHERS INTEREST].
Whatever, thanks to Steampower and Krisdorey for helping me. :-)

I would like to let you know what the judge had says " Judgement creditor needs to provide details of the Third Party who is alleged to owe the Judgement Debtor monies.
The judge has once again refused it, he said that I need to provide more details of the third party but I don't have his banks details so I ticked on the form "the third party is not a bank or a building society
the third party is Mr ..........

Do you think that my mistake is that I put his name on the right top(in front of third party) below Defendant (where I put his name too) ?