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Thread: Applying for a third party debt order

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    confused2012's Avatar

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    Default Applying for a third party debt order

    Hi all I am extremely stressed out as I have been a victim of an ebay fraudster and would like some advice/help on third party debt orders.


    Background:


    1. I was successful in obtaining a county court judgment against judgement debtor Mr XXXX (via the county court business centre)


    2. The judgement debtor failed to meet his first installment repayment.


    3. On the 26th September 2017 I applied for a third party debt order to be issued against Mr XXXX bank account. (I have information that leads me to believe that he has nearly 10k GBP in frozen funds in his bank account). From my understanding of the process, once the third party debt order is filed at the debtors nearest county court, and placed in front of the judge, an interim order is sent to the third party almost immediately to prevent the debtor from withdrawing all of their funds. The debtor is not made aware of the interim order until a week after it is issued to maintain secrecy. For obvious reasons the process is extremely time sensitive.


    4. A few days ago I received a letter showing that there has been a "TRANSFER OF PROCEEDINGS" to the county court at Luton. This letter was sent to all parties.




    So far I have not received any updates regarding the issue or status of the third party debt order (or interim debt order). I am extremely concerned that now the judgement debtor Mr XXXX has been made aware that enforcement is being pursued and has had time to move his bank funds. Even though the type of enforcement has not been made known, but there are very limited options available to me. It would be devastating to find out that the debtor has moved his funds as a result of the letter that was sent out.


    When I call the court, all they tell me is that the application is in front of the judge (since 29th September 2017). No further status is provided.

    My question is how can I chase the status of such a claim? Is it possible that an interim order has been issued but no actual details have been updated yet?

    Anyone with experience of third party debt orders, I would appreciate your feedback very much.

    On a separate note, the judgement debtor admitted the debt which resulted in the CCJ being issued against him. However he did not declare any of his bank accounts/assets on his admission N9A form (he just put zeroes everywhere to mislead the court as to his affordability). Is there any action criminal or civil that I can bring as a result of this?

    Thanks

    Confused2012

  2. #2
    confused2012's Avatar

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    Default Re: Applying for a third party debt order

    Can anyone help please?

    I thought third party debt orders were meant to be high priority and issued very quickly (to maintain the element of surprise).

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