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URGENT: Third Party Debt Order for unpaid Court Judgement

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  • URGENT: Third Party Debt Order for unpaid Court Judgement

    Hello

    I urgently need advice on a court hearing re-scheduled on 02/04/2024 regarding a Third Party Debt Order I filed.

    An email was received today, 12/03/2024 from court attached with a hearing notice and defendant's applications (for hardship), including a Witness Statement 2 pages long with 16 points. Several points duplicate details regarding long-term physical and mental health conditions, listing them along with UC, Utility debts. Thus requesting sympathy of the Judge, yet I have suffered emotional, mental and financial loss as a direct result of the defendant's coercive, abusive behaviour, whereby a large sum of money was loaned to him several years ago that he failed to pay in full.

    He has paid nothing since the court order of 13/06/2022. With a Re-determination hearing in July 2023, the Judge dismissed defendant's offer of 10 per month (he increased to 20 per month during hearing) as it would take 8 years to clear the Court Judgement..

    Please advise whether I should also submit a Witness Statement? although I had submitted a Third Party Debt Order Form via email, adding a note that I need my suffering to end and justice to be served in some form, as no payments have been received since 2018 or a gesture payment after the Court Order in June 2022.

    I would be grateful for any assistance, this has caused immense daily distress with the defendant prolonging matters.

    Thank you



    Tags: None

  • #2
    Is there anything in the defendant's application and supporting statement that you believe you can show to be factually inaccurate?
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Is there anything in the defendant's application and supporting statement that you believe you can show to be factually inaccurate?
      Yes, he states I know his financial circumstances, has made offers to pay.

      However, I sent bank details for payments to be transferred in 2021 (submitted in court evidence), with a payment plan which was refused. Could have made gesture payments via bank transfer but has not. In addition, never informed court of a change in address. Bailiffs I employed found his new address, so has avoided paying, continuing to prolong my suffering.



      Comment


      • #4
        If there are factual statements that you wish to correct then it would be a good idea to put in a statement of your own.
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          If there are factual statements that you wish to correct then it would be a good idea to put in a statement of your own.
          How long do you think it should be maximum? I am aware judges prefer succint points?

          Can I add court time is being wasted with no payments for 20 months since order and that I have no other option to retrieve monies?

          Is there anything else I could add that is a more compelling argument, apart from the fact that debtor is not paying?

          Comment


          • #6
            No longer than necessary to make concisely the points that need to be made.

            The point about court time is an argument that can be made orally at the hearing.
            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Originally posted by atticus View Post
              No longer than necessary to make concisely the points that need to be made.

              The point about court time is an argument that can be made orally at the hearing.
              I submitted the Witness Statement via email which was accepted as not many pages.

              However, I realised an omission regarding discrepancies on debtor's Income&Expenditure form and bank statement (already mentioned undelcared income-revealed in bank statement).

              Issue regarding 3 amounts specifically being transferred out upon receipt of income, leaving lesser amount in bank account to spend.

              I sent an email to court whether I should address issue for attention of Judge in an email or include this point in the Witness Statement and re-submit?

              ​​​​​No response from court yet, Hearing on 02/04/24.

              Comment


              • #8
                Are you wanting to introduce evidence or to comment on the other party's documents? The latter can be done in your oral argument at the hearing.
                Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Originally posted by atticus View Post
                  Are you wanting to introduce evidence or to comment on the other party's documents? The latter can be done in your oral argument at the hearing.
                  Need to draw attention/comment on debtor's documentary evidence which is contradictory. All other factual issues with party's Witness Statement have been outlined and submitted already in my own Witness Statement.

                  How would I address this orally please? I know I will have an opportunity to speak omce prompted by Judge.

                  Comment


                  • #10
                    Prepare what you want to say, and say it.
                    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      Originally posted by atticus View Post
                      Prepare what you want to say, and say it.
                      judge was dismissive, despite evidence of money being transferred out by debtor to avoid full payment.

                      The debtor did not hold the total court judgement amount in his bank, hence why an Instalment plan has been ordered to be reviewed in 6 months.

                      Can I re-submit a Third Party Debt Order to be paid in 3 to 4 amounts until the total judgement amount is cleared?

                      Comment


                      • #12
                        A third party debt order can only be made to the extent that at the time of the order the third party owes money to your judgement debtor, so no.
                        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                        Comment


                        • #13
                          So if debtor defaults on instalment plan, do I submit another Third Party Debt Order again?

                          Can I also submit a new claim for interest and costs (including compensation for stress caused to pursue) incurred for the current Court Judgement amount?

                          Comment


                          • #14
                            Yes, you may apply as many times as you wish. There are fixed costs that can be awarded for these application.
                            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                            Comment


                            • #15
                              Please clarify fixed costs I can claim?

                              This would be for the Court Judgement case currently placed on an instalment plan. How would I state my case in particulars of new small claim I file?

                              Very draining process with back and forth in court for a few years now.

                              Comment

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