How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Third party debt order I have an individual who I think is

Customer Question

Third party debt order
I have an individual who I think is going to do a third party debt order while there claim is going through court.
I am a sole trader . They have my account details as paid into that account. .
I would like to know what happens if that account is overdrawn ? Is not in the name of my business and is a joint account ? And how many times they can apply for this ..can they try again for an order in a year time again if they do win the court judgement?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

There must be a CCJ before they can apply for a third party debt order.

Alex Watts :

Let us assume that the CCJ is for £1000 and you only have £250 in your account.

Alex Watts :

The bank would therefore only freeze what is in credit, ie £250

Alex Watts :

If your account is overdrawn then the bank will not freeze anything

Alex Watts :

The third party debt order can not make you go more overdrawn

Alex Watts :

It can only freeze the credit amount up to the value of the CCJ

Alex Watts :

Please see: http://www.moneyclaimsuk.co.uk/PDFForms/EX325.pdf

JACUSTOMER-t94h4vgg- :

Ok thank you for the reply.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-t94h4vgg- :

Can they try multiple time for the debt order.. as its overdrawn currently so I guess the order wouldn't go through ? But is it possible they could keep applying for an order to see if funds are there? would I be better making this a joint account if it makes a difference? And can they submit this irder to every bank to see if I bank there also? As I do bank somewhere else but this person only has the one I gave them..

Alex Watts :

They can try on another occasion yes.

Alex Watts :

As for a joint account you are named, so they can claim.

Alex Watts :

Its a matter for you whether you close this account and move it to the other one.

Alex Watts :

They won't know the new details

Alex Watts :

Can I clarify anything else?

JACUSTOMER-t94h4vgg- :

They name I trade is not the name on the bank account also.. its actually my husbands account I am not named on it but we have same surname. . but they have done ccj in my name only. .. what would happen would bank still accept the order?.. I was going to add myself on to it but im thinking then there would be more chance of it going through? Could they then change the order to his name included to try for the debt order if I leave it in just my husbands name. .to try to make debt order go through? Sorry for the questions

Alex Watts :

It makes no difference whether or not the name you trade in is on the account. If it is your husbands account then the bank wont release any funds. In any event if it is overdrawn then they wont get any money

Alex Watts :

Your husband is not and wont be liable for the debt.

Alex Watts :

Therefore he can not be liable and the order probably wont be processed.

Alex Watts :

Can I clarify anything else?

JACUSTOMER-t94h4vgg- :

Ok thanks I will leave the account in his name only for now. . Can they get thr judgement changed in the future to add his name on in the future... and then try and get funds from it.. ? That's my last question sorry. I dont want him to have to close the bank account..

Alex Watts :

No - not unless he was part of the business.

Alex Watts :

Its your debt, not his

Alex Watts :

Does that help?

JACUSTOMER-t94h4vgg- :

He does help me with the business but I am on

Alex Watts :

Ok - but its your business, so it is your debt. It can't be his

Alex Watts :

Does that clarify the positon?

Alex Watts :

* position *

JACUSTOMER-t94h4vgg- :

He does help me but I am the owner which is why the court claim is my name. Does that make a difference?

Alex Watts :

No - he does NOT own it

Alex Watts :

You are liable

Alex Watts :

Does that help?

JACUSTOMER-t94h4vgg- :

Yes thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to leave feedback before you go today

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions