CCJ Transfered up - Advice needed on 3rd party debt order.

[danboy381]

Hello everyone,

 

We had a firm that owed our firm money. We took it to court, won and got Judgement.

 

We transferred the CCJ to the High Court so that we could use High court enforcement officers.

 

This failed in that the slippery debtor knew the ropes and hid their assets.

 

We are now aware that a company we know is about to pay them in relation to some cash they owe them

 

We would like to obtain a 3rd party debt order from the court, but the question is:

 

Do we inform the Bailiff office what we are needing to do? because its now a High court writ? , or, does the CCJ still "exist" 24 months later since obtaining judgement, and do we fill in the correct forms at the court and request a judge issues the 3rd party order?

 

As so long has passed since the bailiffs dealt with it, about 2 years, do we just carry on? Seems like it could slow things down if we notify them...

 

Many thanks for any advice...

Edited September 8, 2012 by danboy381

[ploddertom]

Has the Writ been renewed? Did the HCEO charge you an abortive fee? The CCJ never expires but is harder to enforce as time goes by. The problem with what you are trying to do is that you have to hit on the exact time when he has monies or otherwise you are out of luck. The alternative is to summon him to appear to explain why he has not paid.

[danboy381]

Thanks ploddertom,

 

No the writ was not renewed. I think they expire after 12 months? No we never paid abortive fee, as the HCEO wrote to us a couple of times as the debtor offered to pay a pound a month or something ridiculous, so we ignored it. The hceo firm haven't written since.

 

I thought the 3rd party order is sent to the company who owes the debtor, then they have to hold the funds or send it to the court? We know the company and was going to try to ask them to hold payment until we have all our ducks in a row.

 

Whatdya reckon - any thing else we need to know?

[ploddertom]

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195828

 

A debt order is usually to freeze the debtors bank account at a particular time to prevent them spending what may be in there. If however there is only a fiver spare then that is all you will get - it costs £100 to obtain the order. Does the debtor trade as Ltd Co, Sole Trader, Partnership or LLP?

[danboy381]

Hi, The guy trades on his own - sole trader. The ccj is against him and his ltd firm too (2 defendants)

 

We have read through the court notes and 3rd party form, it asks for details of either the debtors bank details or the "person or firm that owes the debtor money".....

 

so looks like if an order is granted, it can be served on a bank or anyone else that is "holding", or owing money to the debtor that is about to be paid over...