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How to enforce a court order

7 replies

Tara24 · 01/07/2023 05:20

If someone ignores a court order to do something. What steps need to happen to alert the court who issued the order ?

It involves the removal of a name on a joint account during a divorce 6 years ago.

The court order said both parties should remove person B's name from the joint account as it was agreed the money was for person A.

Neither removed the name. Person A died and person B is not included in the will. The bank were told about the court order, but handed over the £ in the account to person B..

The beneficiaries of the estate are asking person B to follow the court order and remove their name from the account, but the are refusing.

Next steps appear to be to ask the court to enforce the court order.

OP posts:
prh47bridge · 01/07/2023 07:55

Person A's executors need to go to court and apply for enforcement against person B.

Tara24 · 01/07/2023 12:07

Thank you. I've found the form online. Can I do that myself as it looks straightforward? . Or do I have to instruct a solicitor?

Person B has already had two letters from a solicitor with a deadline to remove their name from the account , but they've ignored them. I've spent £2000 so far on nothing.

I also wanted to know if I can recover any costs by person B being so obstructive?

OP posts:
prh47bridge · 01/07/2023 21:11

You can do it yourself. You don't have to instructa solicitor. You can certainly ask for costs to be awarded.

Bromptotoo · 02/07/2023 10:14

How much money was handed over to this person?

Tara24 · 02/07/2023 12:27

£30k. We shared the court order with the bank but they went ahead and handed all over to person B. The bank even admitted the were aware that person B had never used the account.

OP posts:
prh47bridge · 02/07/2023 13:48

Don't blame the bank. When person A died the account automatically passed to person B.

Tara24 · 02/07/2023 15:43

I understand that, but you would think the bank would take some responsibility for checking who has access to their customers money. If they'd at least frozen the account whilst we tried to get this sorted it would have helped. The bank is a seperate matter though. For now we need to work out the best way to get the court order enforced.

OP posts:
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