Help Please - Enforcing CCJ with Third Party Debt Order

[half ax I]

A while ago I lent some money to a family member and partner as a deposit on a house and had a legal document signed with the conditions of the loan and repayment. Anyway relationship went sour and house was sold. The partners’ beneficial interest went to a DCA due to a Charging Order on the property and other half came to me.

 

Upshot is that I now have a CCJ against the former partner. Did it via MCOL and cost me £250. Some might say it is throwing good money after bad but at least I have some satisfaction. I knew in going for the CCJ that recovery may still not happen but as the amount is over £5k I have to try and get something back.

 

My options are bailiffs, attachment to earnings and third party debt order. Bailiffs wouldn’t be able to get anything of value from him as he doesn’t have much to go get and sell off at auction. What he does have would probably only cover the bailiffs’ fees. No job so AOE is no good which leaves TPDO which is a possibility as there is a company that owes him some money I believe.

 

As background he was a director of a company and invested a significant amount of money in the business probably in the form of a directors’ loan and when he left they couldn’t pay it back so agreed repayments over a period of time. A while back, before I went for CCJ, they did admit verbally that they owed him more than he owed me and were still paying him.

 

My question is what would I need to be able to apply for a third party debt order against the company? Would I need the company that the former partner was a director of to confirm that they owed this person the money? Are there any legal routes to get a confirmation that they owe him the money that would help in applying for the TPDO?

 

 

Any advice or thoughts gratefully received. Thanks.

[half ax I]

Anyone know anything about Third Party Debt/Charging Orders? Any thoughts or comments?

[humbleman]

Anyone know anything about Third Party Debt/Charging Orders? Any thoughts or comments?

 

If you know that he is owed monies by this comapny you can apply for a, I thinks its a garnishee order, you would than have a hearing and at the hearing make this order absolute and they will have to pay you. This is quite a common practice

[half ax I]

Thanks humbleman. Garnishee Order is the old name for what is now called a Third Party Debt Order. You say quite common. Any pointers? As you can imagine I have been researching for months but cannot find much info other than when TPDO is applied to the bank account of a creditor. Have also looked for legal specialist in this area. Our solicitors have a litigation partner who knows the terminology but has no practical experience. Another local firm has litigation and debt "experts" but again no experience in TPDO. I usually get the send the bailiffs in of go for attachment of earnings.

 

I'm thinking of asking the business to discuss with me but don't really want to pre warn them or the creditor of the course of action. Thinking in terms of a non disclosure agreement to prevent them warning creditor and then maybe asking them to confirm in writing that they still owe him in excess of £n.

[half ax I]

Well I bit the bullet and approached the business that owes the money to my debtor. Good news is they have no problem with accepting a TPDO and are willing to sign a witness statement with the salient details. Have written to MCOL to transfer case to local court in order to apply for the TPDO. With luck things should start moving now. Have downloaded the correct form and completed it.

 

Am going to add interest at 8% since judgement obtained, plus application fee and detailed litigant in person costs (all at judges discretion). Feel a lot happier with the prospect that I may get my money back.

 

Would welcome any advice or guidance or opinions.

[half ax I]

Thought I would just update to say that the case went to court a couple of months ago and Judge granted the TPDO. Asked for litigant costs but didn't get them but do have 8%. Debt now being repaid. TPDO seem quite rare except against bank accounts and it was difficult to find any similar cases but after taking the plunge it all turned out well in the end. It was good that the third party was not obstructuve.

 

Case Closed