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Snorkerz
11-02-2010, 09:36 AM
I had a hearing for a Third Party Debt Order a fortnight ago and the debtors bank didn't respond to the interim TPDO that had been sent to them, and didn't turn up for the hearing.

Judge adjourned the case until this Monday, and ordered the bank to respond to the order by 3/2/10.

I have just checked with the court and the bank hasn't responded - probably meaning I have another morning literally wasted at court this Monday.

Presumably judge will be 'a bit cross', but this is costing me time & money! Any suggestions how to proceed, and will the bank or the creditor be liable for my travel expenses and time if this is adjourned once more?

EDIT: I am wary of spending too much time/money because I suspect there are little or no funds in the account.

dominic
11-02-2010, 10:03 AM
I would argue before the judge that the respondent's behaviour is inexcusable, and that, pursuant to the overiding objective at CPR 1, (cite as much as you like.... see below), the bank has been afforded plenty of opportunity (and has more than adequate resources) to represent itself, and that a final order should be granted.

You can elaborate, but you get the picture.

Further I would ask for costs on an indemnity basis given the bank's inexcusable conduct (make you sure you cite the correct part of the CPR dealing with costs as much as possible).

_________________________________________

1.1 The overriding objective

(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.
(2) Dealing with a case justly includes, so far as is practicable-

(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways which are proportionate-

(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly; and
allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.

Snorkerz
11-02-2010, 10:06 AM
Dominic, are you saying that I could possibly get the judge to order the bank to pay the full judgement, even if there aren't funds in the account? (In case it's relevant - original judgement was around £3k)

dominic
11-02-2010, 10:17 AM
Snokerz: not quite, and bear in mind that while I am a lawyer, I am not a litigator, so please further research this yourself, seek advice etc to check I'm not talking nonsense!

What I am saying is that you may be able to get the court to order that the bank is to pay your costs for the hearings relating to the TPDO for which it was required to attend or make representations (but not the full judgment).

As I said, as it is a third party, the rules as to costs may be slightly different, so please check the relevant section in the CPR / PD dealing with awards of costs.