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There must be a CCJ before they can apply for a third party debt order.
Let us assume that the CCJ is for £1000 and you only have £250 in your account.
The bank would therefore only freeze what is in credit, ie £250
If your account is overdrawn then the bank will not freeze anything
The third party debt order can not make you go more overdrawn
It can only freeze the credit amount up to the value of the CCJ
Please see: http://www.moneyclaimsuk.co.uk/PDFForms/EX325.pdf
Ok thank you for the reply.
Can I clarify anything for you about this today please?
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..
They can try on another occasion yes.
As for a joint account you are named, so they can claim.
Its a matter for you whether you close this account and move it to the other one.
They won't know the new details
Can I clarify anything else?
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
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
Your husband is not and wont be liable for the debt.
Therefore he can not be liable and the order probably wont be processed.
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..
No - not unless he was part of the business.
Its your debt, not his
Does that help?
He does help me with the business but I am on
Ok - but its your business, so it is your debt. It can't be his
Does that clarify the positon?
* position *
He does help me but I am the owner which is why the court claim is my name. Does that make a difference?
No - he does NOT own it
You are liable
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