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Third Party Debt Order

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  • #16
    Originally posted by Sambur View Post
    Thanks.
    Sorry to be a pain with some more questions.
    If I request another order to obtain information (which I can probably do because he’s changed jobs since the last one), what affect does this have on the variation order?
    Essentially you would be requesting a variation of the judgement and to enable that an order that he provide information due to his circumstances changing. It is here that you could also introduce the edited electoral role information to cast doubt on the previous financial picture given too.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #17
      Please correct me if I misunderstood: The order to obtain information would „essentially ... be requesting the variation order”. If I’m wrong ignore the question below.

      I jave an e-mail from him stating that he doesn’t live at that address. And as I recently found out he has been hiding his true address from every company and institution for a few years now. So I’ll have to find another way to prove his real address.

      When I last requested the Order to Obtain Information I got a letter saying I don’t have to accept. Between that period and before the court makes a decision to accept his offer can I request the case to go to the High Court with Writ?

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      • #18
        Originally posted by Sambur View Post
        Please correct me if I misunderstood: The order to obtain information would „essentially ... be requesting the variation order”. If I’m wrong ignore the question below.

        I jave an e-mail from him stating that he doesn’t live at that address. And as I recently found out he has been hiding his true address from every company and institution for a few years now. So I’ll have to find another way to prove his real address.

        When I last requested the Order to Obtain Information I got a letter saying I don’t have to accept. Between that period and before the court makes a decision to accept his offer can I request the case to go to the High Court with Writ?
        Okay, so the email admission of not resident at the address provided should be enough for you to have him brought back to court to be questioned as he has lied to the court clerk. He should then be made to prove his real address.

        He is paying the judgement, so even while you are making a further application to the court you cannot enforce.

        You can only enforce the judgement if he defaults on paying the order of the court.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #19
          The e-mail admission is 6-9 months before he attended court for questioning (I can’t check the exact dates now). And I think about 2-3 months before he applied for the variation order. So I think it’s pretty useless because he’ll just say he’s moved back in.

          Funnily enough he provided a witness statement at the questioning that he wasn’t living at the address at the time when he requested the variation order.

          With this in mind I sent a letter to the court asking about the process and how they verified his address. They just referred me back to EX321.

          Anyway thanks for your help. This gives me a lot to think about.

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          • #20
            Okay if that email is historic then it's pretty useless.

            No problem, good luck.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment

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