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Halifax & Bank of Scotland & Third Party Debt Order

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I obtained an interim third party debt order and the third party is Halifax bank. Halifax bank has written to the court asking the third party debt order to be amended to Bank of Scotland because it says that Halifax bank is not the right legal entity.

 

The third party debt order has been made final but it is stated in the order of the court that the third party debt order should be amended to Bank of Scotland.

 

I would like to know if this is right because I used a copy of a bank statement of the debtort hat I have to make my application for a third party debtor order and in it it is made reference to Halifax and to one of its branch but not to Bank of Scotland.

 

Moreover I would like to know how to do to amend the third party debt order to Bank of Scotland. I would like to know if I have to complete another N349 form. Moreover I do not know which address of Bank of Scotland and which branch to put in it.

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Hi

 

What happened with this in the end? I am thinking of doing the same thing. Did the Court order them to pay you the money or did you have to do a fresh application with a UK address for them. If so, what UK address did you use for Halifax?

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Can you give us more information about your own case to see if it is comparable with my difficult case

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We have a judgment against a person. He banks with Halifax. Ordinarily, you can simply issue a third party debt order against a person's bank. You write the bank's head office address on the form and send it to the court with a cheque for £100.

 

The problem is, as you rightly point out, Halifax is owned by the Bank of Scotland and their head office is in Scotland, i.e. outside the jurisdiction of England and Wales. The Court were probably right to state that the Order should be made out to 'Bank of Scotland' as that is the correct entity and 'Halifax' may now be just a trading name for the Bank of Scotland's operations.

 

The Civil Procedure Rules state that you can have a third party debt order against a bank provided they accept deposits IN THE UK (which Bank of Scotland / Halifax obviously do). Notice that it states IN THE UK, not just England and Wales. It should therefore be possible to do one against Halifax / Bank of Scotland.

 

What I was trying to gather from you is whether:

 

a) the Court were happy to make the Order for payment of the money but clarified in the Order that the correct name for the bank is 'Bank of Scotland', not Halifax, or

 

b) whether the Court would not make the Order until you made a fresh application with the correct name on it (which I would be surprised about).

 

Is there an chance you can set out on here exactly what the Order states?

 

My suspicion is that as long as you put down an English or Welsh address for Bank of Scotland / Halifax the Court and the bank will process it. However, I am not entirely sure about that. The precise details of the order you received from the Court will therefore clarify a lot.

 

Thanks

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In the order from the court it is stated that the Third Party Debt Order should be amended to Bank of Scotland. Hence I have made an application to the Court so that the court amends the Third Party Debt Order. However I have not yet received a reply from the court

 

Hence in your application for a Third Party Debt Order you should state as third party Bank of Scotland and not Halifax. Do not do the same mistake as me to avoid to end up in the same difficult situation as me. I advise you nevertheless to make reference in your application for a Third Party Debt Order to Halifax maybe as a branch because Bank of Scotland is a big institution and this will speed up the process of your application

 

Not forget to include in your application for a Third Party Debt Order all the evidence that you have which prove that the other party banks with Halifax because you need to prove this to the court before it issues a Third Party Debt Order on you favour. The court does not deal with speculative applications.

 

Above all make your application for a Third Party Debt Order as soon as possible because the other party can simply transfer the funds to another bank and you will get nothing.

 

Good Luck

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Hi guys,

 

I was interested in the outcome of this.

 

I am in the process of submitting an application for a debtor who banks with the RBS.

 

The form says the third party's head office should be in England or Wales.

 

I was wondering how you overcame that in this case?

 

Is it possible to still use this method of enforcement when RBS' head office is in Scotland?

 

Many thanks

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