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Third Party Debt Order

I have an Interim Third Party Debt Order against a Judgement Debtor.


The bank (Third Party) have advised that the Judgement Debtor has 3 accounts and in total they are in debit, but two are in credit. Therefore the bank has exercised the right of set off.


Civil Procedure Rule 72.6 states that the bank should give details of the grounds for the right of set off.



Therefore, I have written to the bank asking for details of the grounds for set off. The banks response is that the right of set of exists and that they have the right to exercise without formality. They have also stated that Data Protection and Client Confidentiality bars any further response to my questioning.


Does anyone know what is expected by the term "give details of the grounds for the right of set off."?


Can I contest or am I legally now out of my depth?

Comments

  • antrobus
    antrobus Posts: 17,386 Forumite
    Civil Procedure Rule 72.6 states;

    (iii) whether the bank or building society asserts any right to the money in the account, whether pursuant to a right of set-off or otherwise, and if so giving details of the grounds for that assertion.

    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72#IDATHSBB

    In this case the bank asserts a right to the money in the account. The grounds for that assertion is the right of set-off. The right of set-off exists and the Judgement Debtor is in debit overall, so I'm not certain what further 'detail' could be supplied.
  • @Antrobus. Thanks for your answer. If only the bank concerned had replied with similar clarity. Instead I have received several condescending replies.
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