Third party debt order

[benj193]

Hi,

I have a sticky situation I need guidance with.

I have a ccj on a company due to a faulty car they sold me. I won by default, and sent high court enforcement there. As expected they dodged every step possible to defraud the agents, and they have closed the case.

They have already tried to do a strike off which i have objected to, so they are still trading.

They have decided to change the directors around on companies house to try and elude again.

My question is if i apply for a third party debt order, even though the 'new' director was never on the paperwork can the debt order be issues to his banks as he is the company director?

Thanks

[atticus]

No, you can only obtain a third party debt order in respect of debts owed to your judgement debtor. Please understand that a debt owed to a company director is not a debt owed to another legal personality, i.e. the company.

[benj193]

Thanks, so the debt order would need to be place in the companies bank account not the directors? I don't think they have a company bank account anymore and are accepting trade payments via the directors personal account. So if I can't put it on the directors bank I'm basically screwed?

[atticus]

That is not the way forward.

Can I just say that a common theme of all your threads about this is that you need to direct your enforcement efforts against the company, that being the entity against whom you have obtained judgement. Anything else would be misdirected.

[benj193]

But I have sent dcbl high court who have closed the case after 3 failed attempts. So I'm now looking at my next options as high court enforcement has failed. It's 100% the same garage/owners I just cannot prove this, and they have not been onsite when the agents arrive.

if a third party debt order is not the way forward, can you help explain what is?

thanks