Debt Questions forum. General questions on debt issues.

Moderators: TalbotWoods, JaneClack

By tpdo
#317903 Some months ago I secured a possession order with an order for payment of rent arrears to the tune of £3000. At the time I was in County court, unbeknown to me the debtor was in Crown Court and subsequently is detained at Her Majesties pleasure for 5 years!

I had given up on the prospect of enforcement but it has come to my knowledge that the JD has a bank account with a balance of about £1000 making the prospect of a third party debt order worthy of consideration.

My problem is that to submit an application for a TPDO I need to provide the court with the JD's current address and I do not know which jail he is in. I have found the Prisoner Location Service and it takes about 2 weeks as they will check that the prisoner is happy for me to know where he is before they reply. I doubt if he will give his permission for his whereabouts to be made known to me, and in any case the enquiry itself may be enough to panic him into moving the funds.

Any suggestions as to how I can find his location without tipping him off? Or can I suggest to the court that since they put him in Jail their own records should enable them to serve the TPDO?

All assistance gratefully received.
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By TalbotWoods
#317923 No

And I beleive you will not be granted a TPDO on a prisoner in a UK prison, as the judiciary take the stance he was not and would not be able to defend the civil charge.

This alos works when a person is severed a CCJ whilst in custody, they are unable to defend, so no action can be taken. In effect the CCJ is null and void, until such time as he can be in a position to actually defend it; Criminal Law trumps Civil Law..

The only people able to TPDO a serving prison is a Criminal Judge who is arresting the account under the Proceeds of Crime Act 2002.

Should you mislead the court over the fact he is in prison, and that you obtained the CCJ whilst he was a prisoner on a criminal matter you yourself may have committed a criminal offence.

Unfortunately to stay on the right side of the law you will have to wait until he is discharged.

As this is matter for the criminal courts we will not be able to advise you further.