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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14315
Experience:  I have been practising for 30 years.
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Someone owes me money, he claims HMRC owes him money( enough

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Someone owes me money, he claims HMRC owes him money( enough to pay my debt), can a Third party debt order be placed in HMRC after I get my CCJ? I issued a court claim; my debtor has already not responded to another person he owes money to, so I believe he might do the same for me.
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: claim issued on MCOL last Monday
JA: Anything else you want the Lawyer to know before I connect you?
Customer: is this a paid service?

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

This is not a free service - but you only pay if satisfied with the answer.

what was the loan for?

how much?

what was the agreement to pay you back?

how do you know he is telling you the truth about HMRC?

Customer: replied 15 days ago.
This is not a free service - but you only pay if satisfied with the answer.

what was the loan for? different urgent needs -to open an International account HMRC wanted him to have sa prerequisite for the refund and family emergencies

how much? about 11000

what was the agreement to pay you back? YES, copy of agreement and several wahts app conversations lus all money transferred by bank transfers

how do you know he is telling you the truth about HMRC? To be honest, not sure, he keeps telling me and shown me appointment letters for HMRC, not any copy of this myself
Customer: replied 15 days ago.
At what stage is the money deducted from my account? I thought this depended on my being satisfied with the response given

I don’t deal with money I’m afraid, I only answer questions. You can always take any financial issues up with customer services later. They are very good.

 

There is no reason why you cannot get a third party debtor order against HMRC, but you would need to firstly have a County Court judgement against the debtor and then you would need to make an application for the third party debtor order and you would have to prove that HMRC did indeed owe the money and that it was more than enough to cover the debt. It will not normally work if it’s only enough to cover part of the debt.

Customer: replied 15 days ago.
Thanks, will get back

No problem.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Thank you.

Best wishes

F E Smith and 3 other Law Specialists are ready to help you