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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Third Party Debt Orders.

35 replies

Rappyx · 20/03/2018 07:48

To cut a long story shortish, my ex partner ripped off an electronics catalogue over the course of 2 years in my name (believe me i did not know, i was working and he was not.)
When we split i started to get all the letters from firm used and i proceeded to explain to them that although it was my name it wasn't my account, they didn't care because they said my name is on the account and they can prove it.
Well after the letters came the threats, then the default, then the sale of the debt, then my day in court when i argued that this was done behind my back with the police aware of it and even proof that the account was flagged due to what was being bought and security done nothing about it.
Well i guess the the county court just wanted there fee and slapped me with a CCJ to pay the £4300.
Here we are 2 years later and i still refuse to pay, the debt company has now changed tactics and said they are going for "Third Party Debt Order".
I have read up on this as much as google will provide, the bailiffs will never enter my home and an attachment of earnings is out due to me being self employed.
They have no idea who i bank with and my bank address for me is still my parents, so if they were to find out who my bank was could they still be granted this freezing of my account if the bank is not registered to my home address.
If theirs anyone who knows the answer to this i would love to here from them as a 4 hour google search came up with no clarification.
Thanks

OP posts:
Backscratchesforever · 20/03/2018 12:10

Such a shame you didn’t 3 letter the debt agency

SillySallySingsSongs · 20/03/2018 12:15

I did enter another forum and someone suggested that the only way they would get there money is through the third party debt order and the only way to stop them from doing this would be to add a close relative to the bank account and make it a joint account, which is what i shall be doing.

Well when you do this I hope you tell them that it will dramatically affect their credit rating as you have a CCJ.

Sprinklesinmyelbow · 20/03/2018 12:19

Well if you are attending court for CCJs you’re representing the scumbag company then? Odd, since they only usually shed out for the bucket shop solicitors if any. Still you’d know then that even defended CCJ cases are over in seconds. The court couldn’t care less.

Booboobooboo84 · 20/03/2018 12:21

Will the ex not pay the ccj? If he has confirmed he’s responsible and you have it in writing I would judge rinder his ass! Did you appeal?

Eliza9917 · 20/03/2018 12:33

Don't you only have to pay it if they can produce the original credit agreement? Or are you past that point? If so, make them take it back, ask to see the signatures and get them to get a handwriting expert to inspect it. IIRC its on them to prove you owe the debt, not on you to prove you don't.

IanRushesInadequateFlushes · 20/03/2018 12:43

Sprinkles - sorry but I find your views woefully simplistic. It's really not the case that every single debt recovery case = scumbag v innocent, you know. Nor is it the case that they are all over in seconds.

And I wasn't always a city litigator. Again, that should be obvious if you've any actual real experience of courtwork - you start small and work up!

Here it sounds as if the OP missed her opportunity to plead or advocate a decent defence (as she just talks vaguely about "court forms"). As a consequence she's on the back foot. That's not the courts being crap or biased. That sort of assumption is very dangerous and also gives the OP nothing in the way of useful advice in how to actually deal with this sort of threat..

Sprinklesinmyelbow · 20/03/2018 13:05

I said quite clearly I had no advice. There really isn’t any at this point anyway. Neither did I, at any point say all debt recovery cases were the same Shock

YellowFlower201 · 20/03/2018 13:20

I think you need to get some decent legal advice OP. Did you fill in all the forms on time and respond fully and frankly? Try to get some proper advice from someone who can look at your paperwork (maybe CAB). changing the account to a joint account is not a great idea for whoever your using as the joint account holder. This is a pretty serious matter and i think you should deal with it with the help of a professional. There's also the option of getting a CCJ against your ex. you might not get much out of him though...

SillySallySingsSongs · 20/03/2018 13:27

There's also the option of getting a CCJ against your ex.

Very very difficult to do.

Allthebestnamesareused · 21/03/2018 17:20

OK did you submit your defence in time and have an actual hearing that you attended.

From what you said about submitting papers it suggest perhaps you submitted them too late and they had already obtained judgment in default (of a defence being filed - on time in accordance with court rules). If that is the case you can apply to set the judgment aside giving your side of the matter but make sure you go to any subsequent hearing

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