Clear Bank not complying with third party debt order

So I've been trying to get money back from a trader over some guttering.

The judge has ruled that they will have a CCJ for not complying or responding to the paperwork. I went for a third party debt order as I knew the bank details, and Clear Bank have been asked to comply.

I attended a hearing today with regards to finding out if that was going ahead and they said the bank has not responded.

They said I'll hopefully find out more in the next ten days, but he wasn't certain if it wouldn't require a step like bailiffs. 

I assumed banks had to comply - is there reasons they wouldn't if they haven't corresponded?
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Comments

  • user1977
    user1977 Posts: 17,292 Forumite
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    Jmoo said:

    I assumed banks had to comply - is there reasons they wouldn't if they haven't corresponded?
    Because they're a bit crap at admin, I expect?

    How were they contacted? Have they acknowledged it at all? If they, say, get something served on them at their registered office, it may take a while to trickle down to somebody who will actually do anything on the account.
  • k12479
    k12479 Posts: 788 Forumite
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    Are Clear Bank the right people? They appear to provide services to banks, fintechs, etc. rather than end-customers. Would it not be the bank with whom the trader has an account that needs to be contacted, rather than Clear Bank who the bank in turn use?
  • I think you might have the wrong bank details. I know a friend who works for clear bank and they are a clearing house not a traditional retail bank. They do have a UK banking licence, but they don't offer traditional customer accounts.

    What might be the case is that another retail bank is using clear banks banking licence to offer customer accounts in the UK. How did you obtain this traders bank details? You might need to confirm they are correct. Also keep trying to contact someone at clear bank.
  • Jmoo
    Jmoo Posts: 361 Forumite
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    I think you might have the wrong bank details. I know a friend who works for clear bank and they are a clearing house not a traditional retail bank. They do have a UK banking licence, but they don't offer traditional customer accounts.

    What might be the case is that another retail bank is using clear banks banking licence to offer customer accounts in the UK. How did you obtain this traders bank details? You might need to confirm they are correct. Also keep trying to contact someone at clear bank.
    It was the details that came up when I was provided a sort code and account number. That's where I paid the money.

    Interesting that the judge said he'd had numerous requests for them recently. I'll do some digging.
  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
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    Could be any number of reasons really - maybe the details aren't right, maybe the communication hasn't got to the right person, maybe there's a convoluted admin process, who knows?

    Can you contact them yourself and enquire with Clearbank as to what's happening with it?
  • Okell
    Okell Posts: 2,336 Forumite
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    Jmoo said:
    I think you might have the wrong bank details. I know a friend who works for clear bank and they are a clearing house not a traditional retail bank. They do have a UK banking licence, but they don't offer traditional customer accounts.

    What might be the case is that another retail bank is using clear banks banking licence to offer customer accounts in the UK. How did you obtain this traders bank details? You might need to confirm they are correct. Also keep trying to contact someone at clear bank.
    It was the details that came up when I was provided a sort code and account number. That's where I paid the money.

    Interesting that the judge said he'd had numerous requests for them recently. I'll do some digging.
    So if you google the sort code, what comes up?  Does it say "This is a sort code of Clear Bank UK..." or does it identify one of the main high street banks?

    Like a couple of earlier posters I think Clear Bank offer a clearing service to the high street banks and is a clearing bank rather than a retail bank offering accounts to "ordinary" customers.

    If you are seeking a third party debt order you need to make sure you've named the right bank.

     Perhaps @born_again could tell us?
  • Jmoo
    Jmoo Posts: 361 Forumite
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    Okell said:
    Jmoo said:
    I think you might have the wrong bank details. I know a friend who works for clear bank and they are a clearing house not a traditional retail bank. They do have a UK banking licence, but they don't offer traditional customer accounts.

    What might be the case is that another retail bank is using clear banks banking licence to offer customer accounts in the UK. How did you obtain this traders bank details? You might need to confirm they are correct. Also keep trying to contact someone at clear bank.
    It was the details that came up when I was provided a sort code and account number. That's where I paid the money.

    Interesting that the judge said he'd had numerous requests for them recently. I'll do some digging.
    So if you google the sort code, what comes up?  Does it say "This is a sort code of Clear Bank UK..." or does it identify one of the main high street banks?

    Like a couple of earlier posters I think Clear Bank offer a clearing service to the high street banks and is a clearing bank rather than a retail bank offering accounts to "ordinary" customers.

    If you are seeking a third party debt order you need to make sure you've named the right bank.

     Perhaps @born_again could tell us?
    The Starling app when you make a payment says it's Clear Bank, a search of the sort code online says it's Clear Bank, and Starling customer services says all they can see is it's gone to Clear Bank.

    Bit of a loss if it's gone elsewhere.
  • DullGreyGuy
    DullGreyGuy Posts: 17,258 Forumite
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    What is the sort code?
  • born_again
    born_again Posts: 19,452 Forumite
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    TBH, never heard of clear bank till this thread cropped up.

    I would guess that they are not the retailer actual bank looking at their website, just a app which retailer used as a means of taking payment.

    https://www.wearepay.uk/what-we-do/payment-systems/access-to-payment-systems/code-of-conduct-for-indirect-access-providers/

    A google for their sortcode 04-06-05

    https://www.sortcodes.co.uk/sort-code-checker

    Also drops "Tide" in the mix. As the address is the same.


    Can the Op confirm how the payment was made & if it was a banking payment, what was the sort code used.
    Life in the slow lane
  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
    1,000 Posts Second Anniversary Name Dropper
    TBH, never heard of clear bank till this thread cropped up.

    I would guess that they are not the retailer actual bank looking at their website, just a app which retailer used as a means of taking payment.

    https://www.wearepay.uk/what-we-do/payment-systems/access-to-payment-systems/code-of-conduct-for-indirect-access-providers/

    A google for their sortcode 04-06-05

    https://www.sortcodes.co.uk/sort-code-checker

    Also drops "Tide" in the mix. As the address is the same.


    Can the Op confirm how the payment was made & if it was a banking payment, what was the sort code used.
    Yeah I presume a lot of these new online banks are basically just marketing fronts for places like Clearbank who do the actual banking bit while they just put their brands and customer service front end on it - just like Tescomobile or whoever do to the actual mobile carriers and a lot of those utility companies that don't actually produce any energy but just buy and sell it. 

    If that's the case then you would presume Clearbank would pass the details on to whoever actually holds the account to action it but who knows really?
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