Third Party Debt Order, hearing.

[Its WAR]

I won a default judgment for £2000 in Sept 21 and applied to the court for a third party debt order from the defendants bank (rather than send in the bailiff).  The court accepted the application and ordered the bank to 'freeze' the defendants account to the value of the order and to advise myself and the court of the values. The final decision whether to release the funds to me would be decided at a hearing (in two weeks time). The order appeared to have been ignored for 3 months  despite me chasing the bank  a few times to supply the details.

 

Today, I received confirmation from the bank that they have secured £100 from the defendants account. 

 

It seems a shame there appears so little money (less than the costs of the application) in the account. However, what bothers me is that maybe there was plenty of funds in the account in Oct, Nov or December if the order had been dealt with within the 7 days the court gave the bank to do so.

 

Is there anything I can do to find out why the bank ignored the court order for so long and whether there might have been more available had they dealt with the order on time? I suppose I could send in the bailiff or apply for an attachment of earnings (although I have no idea if the defendant works).

 

Any ideas greatfully accepted.

[AndyOrch]

Topic moved to General Legal Issue's Forum.

 

 

Andy

[fkofilee]

Which bank was involved?

 

 

[Its WAR]

Santander.

[Its WAR]

Santander have now confirmed they applied the debt order on 24 November. If the defendant's wages (or other funds)  were paid in after that date, would these extra amounts not be secured against the debt order and therefore not made available for the court to allocate against the judgment? 

[AndyOrch]

PART 72 - THIRD PARTY DEBT ORDERS - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

[Its WAR]

Thankyou. Although I couldn't see any reference to what happens if additional funds are paid in after the original lesser sum is frozen. I believe such funds are not affected by the debt order. Assuming I am awarded the £100 at least, I shall use that to apply for a charging order on the defendants house.