Hi there

My husband has received a third party debt order for an overdraft on an account that hasn't been used for 13 years

The claimant is I.N.D Limited

Defendant is obviously my husband

Third party is Santander

There is a date for a court hearing on the document but after trying to discover exactly what this all means we are getting even more confused

There is talk of the account being frozen and monies taken but this account no longer has any funds in it as far as we are aware.

Do they mean that they will force him to inform them of the account he uses now and if so how does that happen.

He has had no contact or made and payment to this account or to any debt collectors

Any advice will be greatly appreciated

Many thanks

nothing to do with satans bank they must have sold it years ago.

looks like IND have gotten a backdoor CCJ and are now going for enforcement

have you checked his credit file?

No, I will do that now

We are worried about the possibility of him being forced to declare his current bank account and what will happen in court

I will go and check the file now and come back

There is a CCJ on there for around the same amount from September 2013

I cant see any details of who it is though on the clear score report

you should have a CCJ number

go ring northants bulk and ask for a copy of the claimform & the CCJ by email PDF tomorrow.

when is the hearing date?

has he moved since opening the A/C?

Hi

I have double checked, there is a claim number there and I will get him to ring (doubt they will be there tomorrow due to bank holiday so it may have to be Tuesday I suppose).

Yes we have moved since this account was opened. Court date is 25.04.18

Do you know if this order only applies to the third party bank account (the Santander one) or will he be. forced to reveal his current banking details?

hopefully it wont come to any of that

was there a clear 6 yrs before the date of the CCJ where he paid nothing nor used the account?

Yes there was dx100uk without question

great so the debt was statute barred before the issuance of the claimform

i'm pretty sure you can get the CCJ nulled [set aside] which will kill everything.

this type of dirty trick is a speciality of IND.

let our expert andyorch comment too

but you wont be able to do much till Tuesday anyway.

you might even be able to get IND to do everything for free to you

else it MIGHT cost you £255 for the set aside.

but you'll get that back me thinks too

dx

oh and funny how IND found his correct address after filing everything else to an old one [on purpose no doubt]

Many thanks dx

72.6

(4) Any third party other than a bank or building society served with an interim third party debt order must notify the court and the judgment creditor in writing within 7 days of being served with the order, if he claims –

(a) not to owe any money to the judgment debtor; or (which you wont because it was statute barred.... once you submit an N244 or get the Judgment claimant to agree by consent to set a side)

(b) to owe less than the amount specified in the order.

72.8

(1) If the judgment debtor or the third party objects to the court making a final third party debt order, he must file and serve written evidence stating the grounds for his objections.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72

N244 if the judgment claimant refuses to set a side.

https://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

Andy

thanks

Thank you to both for this information.

Please forgive my ignorance but do we need to write to the court and claimant and complete the form in the first instance

The form is a little confusing at first glance so I hope its OK if I ask some more questions.

Again many thanks

You must approach the judgment claimant first (Solicitor named on the claim form) to ask if they would agree by consent to set a aside...at their cost...if they refuse you then make you own application to set a side using the n244 (fee is £255) hence the requirement to ask if they will do it first.

You can claim the fee back within your application (Costs)

With regards to the TPDO you must inform the court and judgment claimant...as per above within 7 days of receipt of the notice quoting the above CPR 72.6 a (a) not to owe any money to the judgment debtor) and the reason being.... you are making application to set a side on the grounds that the debt was already statute barred at the time of issuance of the claim.

You need to act fast on all the above.

Post when your ready to complete the n244 and we will help you with the correct wording.

Andy

So I have to immediately write to IND Ltd (the claimant) asking them to set aside the CCJ at their cost and stating our reasons (their is no solicitor named on the letter, just IND Ltd and Santander)

We also have to write immediately to IDM Ltd and the court telling them we are making an application to set aside the CCJ and our reasons (though we would have already written to IND asking them to do this)

Nothing else is done until we receive a response

Is that correct

Many thanks

So I have to immediately write to IND Ltd (the claimant) asking them to set aside the CCJ at their cost and stating our reasons (their is no solicitor named on the letter, just IND Ltd and Santander) Correct...phone call would be quicker

We also have to write immediately to IDM Ltd and the court telling them we are making an application to set aside the CCJ and our reasons (though we would have already written to IND asking them to do this)

 

Correct but this is with regards to the Third Party Debt Order Notice you have been served with...different issue quoting CPR 72.6 a to stop the hearing of 25.04.18

 

Nothing else is done until we receive a response

 

Is that correct

 

Many thanks

Andy

So we can ring IND Ltd and ask that way about setting aside the CCJ, if they say yes how can we prove they did, will they not just deny they said yes to it to make us overrun the time limit

Many thanks

you should be able to find out who the sols were when you ring northants bulk Tuesday

then as all of post 15.

dx

Thanks Dx so the request to set aside goes to the solicitor (by phone or letter) when we get their name

So we can ring IND Ltd and ask that way about setting aside the CCJ, if they say yes how can we prove they did, will they not just deny they said yes to it to make us overrun the time limit

 

Many thanks

You send your notice of objection to the Third Party Debt Order now......irrespective of their response to set a side...you have 7 days to do this.

Im sorry if Im not grasping this correctly but I am struggling with the wording of the letter I need to write to the court and IND Ltd

I have only managed one line as below as Im unsure what I should be writing and quoting at this stage

"To whom it may concern

I am writing to you today with regards to the Third Party Debt Order Notice I have been served with"

What else do I need to say

Any help is much appreciated and I will get these letters posted tomorrow morning

Could you scan in the Notice you have received or tell me the NXXX number of the form ?

" My husband has received a third party debt order for an overdraft on an account that hasn't been used for 13 years

The claimant is I.N.D Limited

Defendant is obviously my husband

Third party is Santander "

Is it the N84 ?

It is indeed the N84