Q&As

Can a third party debt order application be made in respect of an English judgment debt, where the judgment debtor’s bank account is a London branch of a bank which is a Scottish registered company and has its registered office in Scotland? The N349 form says ‘The third party is within England and Wales and owes money to (or holds money to the credit of) the judgment debtor’. On the one hand the branch is in England, but on the other hand the bank is registered in Scotland.

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Produced in partnership with Phil Roberts of Clarke Willmott
Published on LexisPSL on 01/08/2019

The following Dispute Resolution Q&A produced in partnership with Phil Roberts of Clarke Willmott provides comprehensive and up to date legal information covering:

  • Can a third party debt order application be made in respect of an English judgment debt, where the judgment debtor’s bank account is a London branch of a bank which is a Scottish registered company and has its registered office in Scotland? The N349 form says ‘The third party is within England and Wales and owes money to (or holds money to the credit of) the judgment debtor’. On the one hand the branch is in England, but on the other hand the bank is registered in Scotland.

Can a third party debt order application be made in respect of an English judgment debt, where the judgment debtor’s bank account is a London branch of a bank which is a Scottish registered company and has its registered office in Scotland? The N349 form says ‘The third party is within England and Wales and owes money to (or holds money to the credit of) the judgment debtor’. On the one hand the branch is in England, but on the other hand the bank is registered in Scotland.

The rules governing third party debt orders (TPDO) can be found at CPR 72.

In respect of the court’s jurisdiction to make a TPDO, CPR 72.1(1) states that:

‘This Part contains rules which provide for a judgment creditor to obtain an order for the payment to him of money which a third party who is within the jurisdiction owes to the judgment debtor.’

The third party must therefore owe the debt within the jurisdiction of England and Wales. Form N349 (ie the form to make a third party debt order) is

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