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Third Party Debt order - VERY confused with lots of questions.
I'm considering a 3rd party debt order to bring an end to my depressing case (I got judgement but they didn't pay) against a corrupt surveyor. I note from the form N349 that as this is not a bank or building society, I simply state the business address of the defendant.
To stall contact from HCEO's the defendant has vacated their old address without telling anyone - although we have the new address now. What would this mean for the debt order? Could it still be enforced if they are registered elsewhere?
Also, how do the courts even identify which account to freeze? I know I can find out financial information (if I pay more money), but I am fairly sure they have money and want to act fast before they engage in some other evasion tactic. If they have prior notice of a potential third party debt order they can simply mobilise to empty the coffers as far as I can tell.
Just to add to the confusion the form EX325 states:
"You should consider carefully when to make your application. The court order which is initially sent to the third party will only ‘freeze’ money held in an account on the day it is received by (served on) the third party. So if, for example, the order is received a couple of days before the debtor’s salary is paid into the account, you are likely to receive little or nothing. This is because the ‘freeze’ will not be applied to any money paid into the account after the court’s order was received."
How on earth am I supposed to get the timing 'right'? I am dealing with a business, and so knowing when money comes in and goes out of their accounts is nigh on impossible.
Any thoughts? This is getting rediculous. The law just doesn't seem to be helping at all. I thought it was supposed to protect people from getting ripped off? I'm mightily unimpressed.
To stall contact from HCEO's the defendant has vacated their old address without telling anyone - although we have the new address now. What would this mean for the debt order? Could it still be enforced if they are registered elsewhere?
Also, how do the courts even identify which account to freeze? I know I can find out financial information (if I pay more money), but I am fairly sure they have money and want to act fast before they engage in some other evasion tactic. If they have prior notice of a potential third party debt order they can simply mobilise to empty the coffers as far as I can tell.
Just to add to the confusion the form EX325 states:
"You should consider carefully when to make your application. The court order which is initially sent to the third party will only ‘freeze’ money held in an account on the day it is received by (served on) the third party. So if, for example, the order is received a couple of days before the debtor’s salary is paid into the account, you are likely to receive little or nothing. This is because the ‘freeze’ will not be applied to any money paid into the account after the court’s order was received."
How on earth am I supposed to get the timing 'right'? I am dealing with a business, and so knowing when money comes in and goes out of their accounts is nigh on impossible.
Any thoughts? This is getting rediculous. The law just doesn't seem to be helping at all. I thought it was supposed to protect people from getting ripped off? I'm mightily unimpressed.
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