3rd party debt order timing

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    3rd party debt order timing

    Does anyone have any information on the time schedule of processing a 3rd party debt order ie from sending off the form to the account being frozen and then onto the time to court hearing?

    #2
    From looking at threads on 3rd party debt orders in general I am coming to the conclusion that landlords know little about this method and are maybe put off by using it. Perhaps it is less successful than an attachment of earnings?

    Comment


      #3
      Originally posted by rich hand View Post
      Does anyone have any information on the time schedule of processing a 3rd party debt order ie from sending off the form to the account being frozen and then onto the time to court hearing?
      I enquired about this of my local court a few years ago, and as far as I can recall the answer was totally vague - as in, when your request comes to the top of the in tray, we'll action it. Hopeless in terms of timing things correctly so you hit the account just after pay-day, anyway: so I didn't bother and went for an AofE order instead, and got paid in full (over about 15 months) that way.

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        #4
        ok, well I am guessing that once the 3rd party debt order form has been posted to the courts then a week later the bank account will be frozen. 1 month later there would be a court date.

        It is crazy that a specific date can not be specified for the bank account to be frozen. What can the motive possibly benot to allow this?

        Comment


          #5
          I tried this method, got account frozen with £1,800 in account, after 3 weeks, but as hearing was 6 weeks away tenant went to court and asked for account to be unfrozen in order to be able to pay rent and have money to live off. On 2 occasions this happened, which resulted in the £1,800 be brought down to next to nothing. I was livid and expressed this to the Judge that the tenant can put in false rental claims with the money coming out of the frozen portion of their account, when new HB money was being added each fortnight. Go the attachment of earnings route as well.

          Comment


            #6
            I have successfully used TPDO - but getting the timing right is impossible because it only freezes what is there on the day of the order - and the court will process the order on whatever date they see fit - depending on their workload.

            #Rugbyroom - not doubting what you say, but did you not raise the issue of 'false' rent claims when the T applied for the order to be amended? You should have been party to that decision. Too late after it has been done.

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              #7
              Just when I was thinking warrant of execution seems pointless I am now thinking the same of TPDO.

              Attachment of Earnings does seem the best.

              Comment


                #8
                FYI I have successfully used an Attachment of Earnings order when I knew where the tenant worked (obviously!) but had no clue where he was living. I wrote to the court asking for permission to serve the documentation at the place of work, and was allowed to do so (I believe it's discretionary though).

                Comment


                  #9
                  I also applied successfully through work address, using N244.

                  If you use a persons old address for AEO (not applying through work address) the court bailiff may still track the debtor at the work address for details after the debtor fails to respond. I am not sure what the likely outcomes are of this are however.

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                    #10
                    Hi Snorkerz,

                    The tenant was able on 2 occasions to get a judge in Birmingham to hear the matter without myself being given any notice, I only found out that the tenant had taken most of the frozen funds when I attended court.

                    Comment


                      #11
                      The tenant (debtor) should never get ear of it, surely?

                      Comment


                        #12
                        Originally posted by rich hand View Post
                        The tenant (debtor) should never get ear of it, surely?
                        When you send the forms to the court, you get an 'interim' order that freezes everything. When the bank get their copy, the debtor will find out because a) they can't get any money and b) the bank will almost certainly send them a copy. A while later, there will be a hearing which will result in a final order, and that is when the bank write you a cheque.

                        Comment


                          #13
                          Originally posted by Snorkerz View Post
                          When you send the forms to the court, you get an 'interim' order that freezes everything. When the bank get their copy, the debtor will find out because a) they can't get any money and b) the bank will almost certainly send them a copy. A while later, there will be a hearing which will result in a final order, and that is when the bank write you a cheque.
                          Is this the same or a close relative as a "garnishee" order? For that procedure to be successful there has to be money in the bank account or money owed to the debtor in question

                          Comment


                            #14
                            Originally posted by Snorkerz View Post
                            When you send the forms to the court, you get an 'interim' order that freezes everything. When the bank get their copy, the debtor will find out because a) they can't get any money and b) the bank will almost certainly send them a copy. A while later, there will be a hearing which will result in a final order, and that is when the bank write you a cheque.
                            The hearing should be for the creditor though, not the tenant.

                            Comment


                              #15
                              Originally posted by quarterday View Post
                              Is this the same or a close relative as a "garnishee" order? For that procedure to be successful there has to be money in the bank account or money owed to the debtor in question
                              Same thing - just in small claims they tend to prefer to avoid Latin.

                              Originally posted by rich hand View Post
                              The hearing should be for the creditor though, not the tenant.
                              Both parties attend and the bank will either attend or more likely write to the court. Until the final order is issued, nothing is assured, and this is the debtors chance to stop the final order being issued (and therefore release their funds).

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