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Hello,
I submitted a Third Party Debt Order to try and recover a debt. Previous HCEO action had failed, as they could not be satisfied that the debtor resides at the address, even though since the first contact he has set up a different Limited company at the same address. (my claim is against the debtor solely, not a company)
I sent N349 to the court in December, and an interim order was made, with a hearing in January. I was the only attendee, and by this time the third party (A financial services institution which backs one of those online banks with a frivolous name) had not responded at all as they were meant to as per CPR 72.6. I feel like the the Judge gave 'benefit of the doubt', as I think the Judge could have considered them a simple third party and not a bank as per the rules, but after consideration they were deemed a bank, and nevertheless Judge sent a reminder to the third party to respond within 7 days of that reminder, or the order may be made final at another hearing in February if they do not respond.
My questions are;
Suppose the Bank doesn't respond at all again, and the order made final (as I write this the 7 days have elapsed, so looking hopeful), how would they ever respond to the order to pay me what is due? Is it a case of me needing to enforce again, perhaps with HCEO but to the bank not the debtor, presumably this time with an increased chance of success as it is on a business at a business premises? Or could they simply accept it upon receiving a final order and just contact me to pay, or send a cheque?
In this scenario if they are ordered to pay, but then the account of the debtor doesn't exist, do the Bank have to pay out of their own pocket, as a case of "you should have responded in time, tough luck"?
Suppose they respond between now and the hearing and if the bank account does not exist anymore (as it was possibly spun off to another provider between me paying into it and now), are they obliged to state where the account is now if they knowingly moved the product to another institution? (this bank is Contis who used to back Suits Me, but now Suits Me is backed by PPS I believe).
Thank you.
I submitted a Third Party Debt Order to try and recover a debt. Previous HCEO action had failed, as they could not be satisfied that the debtor resides at the address, even though since the first contact he has set up a different Limited company at the same address. (my claim is against the debtor solely, not a company)
I sent N349 to the court in December, and an interim order was made, with a hearing in January. I was the only attendee, and by this time the third party (A financial services institution which backs one of those online banks with a frivolous name) had not responded at all as they were meant to as per CPR 72.6. I feel like the the Judge gave 'benefit of the doubt', as I think the Judge could have considered them a simple third party and not a bank as per the rules, but after consideration they were deemed a bank, and nevertheless Judge sent a reminder to the third party to respond within 7 days of that reminder, or the order may be made final at another hearing in February if they do not respond.
My questions are;
Suppose the Bank doesn't respond at all again, and the order made final (as I write this the 7 days have elapsed, so looking hopeful), how would they ever respond to the order to pay me what is due? Is it a case of me needing to enforce again, perhaps with HCEO but to the bank not the debtor, presumably this time with an increased chance of success as it is on a business at a business premises? Or could they simply accept it upon receiving a final order and just contact me to pay, or send a cheque?
In this scenario if they are ordered to pay, but then the account of the debtor doesn't exist, do the Bank have to pay out of their own pocket, as a case of "you should have responded in time, tough luck"?
Suppose they respond between now and the hearing and if the bank account does not exist anymore (as it was possibly spun off to another provider between me paying into it and now), are they obliged to state where the account is now if they knowingly moved the product to another institution? (this bank is Contis who used to back Suits Me, but now Suits Me is backed by PPS I believe).
Thank you.
