third party debt order - help please

[lauraM1]

ok so ive decided to take out a third party debt order against my landlord as the judgement didnt work.

 

the trouble is it asks for details of the third party which is the 'bank' they hold account with - how on earth would i know this?

 

advice please

[LondonChris]

ok so ive decided to take out a third party debt order against my landlord as the judgement didnt work.

 

the trouble is it asks for details of the third party which is the 'bank' they hold account with - how on earth would i know this?

 

advice please

 

Hi Laura

 

I've been looking in to this myself as I'm looking to take my ex-landlord to court over various issues but am worried about enforcing the judgement if I win.

 

I understand you can apply to the court for an Order to obtain information to get bank account details.

 

Apparently one problem with a third party debt order is that if the landlord is overdrawn when you get the order the bank doesn't actually owe them any money so you can't claim. I'm not an expert in this so don't take it as gospel.

 

I read somehwere that if the landlord has a new tenant in the property it may be possible to 'use' (if that's the right word) the tenant as the 3rd party who owes the landlord money. Unfortunately I can't find the place I read this originally so I'm not sure if it was from a reliable source. Perhaps one of the more experienced posters on here might know?

 

If this is allowed I imagine it would be quite easy to find out the name of the new tenants particularly if you're on good terms with your old neighbours and you already know their address.

 

Good luck!

 

Chris

Edited February 17, 2010 by LondonChris
Messed up the link!

[lauraM1]

well i do know for a fact that the property has been re rented as i found the new tenant for them myself.

 

ive rung the northamton court today as they were dealing with this as i did it all online, but they have said that from now i need to deal with my local county court and get info from them, which i will look into next week.

[Snorkerz]

You can use a 3rd Party debt order against anyone who owes money to the judgement debtor - so bank or tenant would be fine. In effect, you can get the tenant to pay their rent to you instead of the landlord!

 

With regard to finding your landlords bank account details - how did you pay him? If you paid by cheque, your bank will be able to tell you which bank account your cheque(s) was paid into. They may charge.

[lauraM1]

well i do have details of a bank number and sort code, but i dont know if its a joint accoun or just her account.

 

id love to take it out against the tenant to repay me their rent, but they are on HB so im not sure that would be allowed.

 

i guess il have to take out the order to get more info on them, and then do the third party order if it comes back that they have money in the bank etc.

the only problem with that is, say the order is taken out and on the day, they only have £200 in the bank, then thats obviously all il get, im owed £900 from them ! so id have to begin proceedings again i guess to recover the rest?

 

what do you think about a warrant ?

[Snorkerz]

Don't worry about the tenant being on HB - they end up no worse off, they just pay you instead of the landlord. Their financial situation isn't relevant - just what they owe the landlord. If tenants have HB paid directly to landlord, I am not sure if you get the order against the tenant or the authority - others may know.

 

You are right about only getting whatever is in the account - but the fees are add-able to the judgement and you can ask as many times as you want. Although, after he 2nd time he's unlikely to keep using that account.

[lauraM1]

ok il try and find out if the tenant gets the HB paid to herself or the landlords and go from there. so id need her full name and the address of the property for that?

 

il contact my local county court on monday and get the form from them - providing the HB is paid to the tenant.