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Enforcement proceedings for a CCJ?

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  • Enforcement proceedings for a CCJ?

    I currently have one against me by a company. What can they do in terms of enforcing?
    I understand they can have bailiffs visit my property - not a worry, as I recently moved address.
    What can they do re: attachments of earnings? If you are on benefits and not working?
    They have my bank details i.e. sort code and account number but I no longer use that account. I have another account with the same bank.
    They also know I use another bank but that is the extent of what they know.
    My banks are, obviously, on Experian.

    I want to know what they can do to claim their money. I want to ensure the money I have is safe whilst I appeal the judgment.
    Tags: None

  • #2
    You can be summoned to answer questions in court and to produce documents to extract information that will enable your judgement creditor to decide on appropriate enforcement steps.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Would they be able to say to a judge "we know he has a bank with Barclays, can you enforce it so we take money directly from that bank" if they do not know any other details?

      Comment


      • #4
        CPR Practice Direction 72:
        Application notice rule 72.3



        1.1 An application for a third party debt order must be made by filing an application notice in Practice Form N349.


        1.2 The application notice must contain the following information

        (1) the name and address of the judgment debtor;


        (2) details of the judgment or order sought to be enforced;


        (3) the amount of money remaining due under the judgment or order;

        ...

        (6) if the third party is a bank or building society


        (a) its name and the address of the branch at which the judgment debtor's account is believed to be held; and

        (b) the account number;
        And you can be summoned to give that information.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          But they can't access said account themselves? See bank statements, etc.

          Comment


          • #6
            How many times is it necessary to say that your judgement creditor can summon you to answer questions and produce documents?
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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