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Opposing solicitor wants *my* documents to challenge third party debt order

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Comments

  • eskbanker
    eskbanker Posts: 40,916 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jmoo said:
    No Clear Bank have accepted it's their account, using the trading name, just couldn't identify the correct person as we have known for a while. They say it is a 'slightly different' address. I'm still nonethewiser who it is with, or why he uses different addresses, telephone numbers and email addresses.
    Seems likely (or at least plausible) that he's set things up specifically to confound anyone looking to recover money from him?

    Jmoo said:
    Anyway pleased to say we both agreed not to claim costs of each other, and we were able to reach agreement to scrap the order. 
    You sound very positive about this, considering the starting point was that you wished to enforce a TPDO and have presumably paid fees to obtain that?  But yes, you can now throw more money at bailiffs too....
  • Jmoo
    Jmoo Posts: 363 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I am as I'm in touch with people owed in excess of £10,000. If I can help them find a clear legal route to get their money back I'll be happy 
  • fatbelly
    fatbelly Posts: 23,803 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 9 November 2023 at 10:01AM
    Have you considered serving him with a statutory demand? Let the Insolvency Service sort it. It doesn't mean that you will get anything back though. 

    You can do it jointly. In fact if you are owed less than 5k, there is an advantage in doing that.
  • Jmoo
    Jmoo Posts: 363 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    fatbelly said:
    Have you considered serving him with a statutory demand? Let the Insolvency Service sort it. It doesn't mean that you will get anything back though. 

    You can do it jointly. In fact if you are owed less than 5k, there is an advantage in doing that.
    Like serving to make him bankrupt? 
  • fatbelly
    fatbelly Posts: 23,803 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 9 November 2023 at 8:25PM
    Yes, the Official Receiver will then investigate his assets and accounts. The downside is that they will first be looking to cover their own fees, which can be significant. So there's no guarantee.

    I guess see how you get on with a bailiff but I thought you had already tried that
  • Jmoo
    Jmoo Posts: 363 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    fatbelly said:
    Yes, the Official Receiver will then investigate his assets and accounts. The downside is that they will first be looking to cover their own fees, which can be significant. So there's no guarantee.

    I guess see how you get on with a bailiff but I thought you had already tried that
    It required the Third Party Debt Order being set aside, which has taken this long, unfortunately.

    I might see what my insurer can advise as I have legal cover with them.
  • Okell
    Okell Posts: 3,651 Forumite
    1,000 Posts Second Anniversary Name Dropper
    @Jmoo -  when you have an update can you please add it to this existing thread and not start a third or fourth new one?
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