Third Party Debt Order

Sab84

nigpay1 wrote: »

Has anyone any experience in filling out form N349 (Third Party Debt Order)

What was your experience?

I'm contemplating using it to try to get back some money from a dodgy builder (see other post in forum) but I'm unsure where to send it or how to pay for it. (there's very little helpful advice online)

thanks

reply to Nigpay1,

I have done the N349 for my case the thing is that you need to fill the application very carefully there are things to delete in the first paragraphand second.
You need to send it in the court you won you case or in the county court where the person live against who you are claiming for ( i think the court is the same in the both situation)
you need to send the exact amount with the application form or send the ex 160 form to be exempt, depend on your situation.
Hope it's help you a little, good luck.
Sab

steampowered

Hi Sab84 - Let's go back to basics on this one.

Why did you decide to apply for a Third Party Debt Order, rather than for example requesting a warrant of control enabling bailiffs to pursue the debt?

Do you have a specific Third Party in mind which you are you trying to enforce against - who is the third party?

Sab84

Hi Steampower !

I already applied for a Writ of control in the Hight court (the warrant is for the county court I think, and my sum is more than £5000 so I need to apply in high court).
The bailiffs coudn't get the money from him, he refused to open the door to them and because of his a very smart guy he asked them for more time to get the money but he always has a reason to not pay me..... he gave me a little sum of money.
The 12 months passed and the bailiff could not do enything so the bailliff asked me to applied for another form like a bankrupcy or it's on me to see.
So I decided to do the third party application against Him. I put a tick on the form paragraph 3 : " the third party is not a bank....the third party is Mr ......
I hope everything is clear , if you need more info please do no hesitate to ask me.

steampowered

Hi - what type of bailiff did you engage - county court bailiffs or HCEOs? If you've already used HCEOs that might be the end of that road, although usually HCEOs try a bit harder than stopping after one visit.

A Third Party Debt Order is an order that a third party which owes money to the defendant, pays you instead of paying the defendant.

You need to issue a Third Party Debt Order against a specific third party (such as a bank), not against the defendant. If you don't have any idea who this person banks with that will be a problem.

Do you know if this person is employed? If so, going for an attachment of earnings may be an option.

Are there any other assets or income this person might have? For example does he own his house?

Sab84

It was a HCEOs, the officers went at his house at many times...
The things are he got a superb house but the owner is his wife, he got a brand new Range Rover but it's on lease, he is self employed... this man is very smart

I will tryed my best to get his bank names or details, i don't know how but i will see....

I am goint to send another Writ of control ( the last one was dated 1 and half year ago)

Which procedure can I do after? which form do you think will be the best after all these?

steampowered

What kind of self-employment are we talking about?

The next step might be to apply for an order that he attend court for questioning using form N39.

The other approach may be to serve a statutory demand and subsequently apply to have him made bankrupt if he fails to pay. A statutory demand is free to serve, although the fee to take the next step and apply for bankruptcy is quite large.

Sab84

The info I have is that he is self-employed, he got an Agency (letting and sell houses).
I am going to do the form N39 first and after do a statutory demand, I just see that I need to do the bankruptcy immediately in the 18 days after the statutory form?
the fee is not a big deal for the bankrupcy.

Thank you for all this infos, I will let you know, What's happen next...

Sab84

steampowered wrote: »

What kind of self-employment are we talking about?

The next step might be to apply for an order that he attend court for questioning using form N39.

The other approach may be to serve a statutory demand and subsequently apply to have him made bankrupt if he fails to pay. A statutory demand is free to serve, although the fee to take the next step and apply for bankruptcy is quite large.

Thanks for all the infos
just one question is it the n 39 or n316 that i need to apply for??
because online I can see the both and I'm in doubt which one is the right one?

steampowered

Have a read of https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71 and https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71/pd_part71.

Form N316 is the actual form you would need to file what you should file if the debtor is an individual. N39 is the sort of order you would hope to get.

This is just one option. You'll have to evaluate whether it is worth pursuing this and which enforcement options are most likely to succeed. I can't guarantee that it would get you any useful information.

steampowered

Sab84 wrote: »

The info I have is that he is self-employed, he got an Agency (letting and sell houses).

The agency sounds like a possible source of income you might be able to enforce against.

Do you know what his relationship with the agency is - does he own it? Does he have a contract with it?

I am going to do the form N39 first and after do a statutory demand, I just see that I need to do the bankruptcy immediately in the 18 days after the statutory form?

You might be misreading the form. It is the debtor that would need to apply to have the statutory demand set aside within 18 days if he believes the statutory demand is incorrect.

After that, you'd have the option of applying for a bankruptcy petition to have him made bankrupt. As advised there is a chunky fee for issuing a bankruptcy petition, although the fee may be recoverable if the Official Receiver manages to get assets from the debtor.