Third party debt order

Lillymae wrote: »

Sorry if this is in the wrong section, Wasnt sure where to put it?



I was awarded a CCJ against someone that was doing Wig learning courses back in May, he made no attempt to defend the application, was extremely uncooperative including giving me numerous false addresses.



I did, however, have his bank details as this was how I paid for the course so applied in June for a Third Party Debt Order.

This was eventually heard by a Judge on the 11th of September and I have no received a letter addressed as an Interim third party debt order.



It states in the letter that the application will be heard on the 9th December as a court near me, my questions are, if anyone can help?



1) do I have to attend court?



2) does this mean that his bank account is frozen until the 9th of December?



Many thank.

Hi
I am in the same position as you. Finally after months of back and forth I got an interim third party debt order. It has been difficult to get clear guidance and I have wasted a lot of time and energy. The office I am dealing with (Queens Bench Division) have been at times helpful and at times not but the whole process is very customer unfriendly and seems set up to discourage people from trying to get their money back.

You need to to be careful because there is a difference between an interim third party debt order and a final order. This is what I found online:

Third Party Debt Order Procedure:
Obtain a County Court Judgment (CCJ)
Complete Court form N349 and send the application to Court with a Court fee of £110.00. Note - It may be essential to serve the Order on a particular date when you believe funds will be available. If that is the case, ensure you notify the Court that you wish to serve the Order yourself.
Court will issue an Interim Order with a hearing date.
Serve the Order on the Third Party. Once served, file a certificate of service with the Court.
The Third Party will write to you disclosing the amount available/frozen. If it is a bank, they will also disclose any other bank accounts the debtor may have. Send this correspondence to the Court.
Prepare for and attend the hearing listed at Court.
Obtain the Final Order and serve on the third party (if not done so by the Court) and await for the funds to be sent to you.

I was confused because I thought I had to send the order to the debtor which wouldn't make sense as they would then be forewarned to move money from their account. So my understanding is that you only have to send it to the bank although have still to find out which department.
I have written to Queens Bench Office to clarify if my understanding is correct.

Hope this is helpful. If I have got this wrong would welcome input from other forum users!

Matthew