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HMRC internal manual

Debt Management and Banking Manual

HM Revenue & Customs
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Enforcement action: county court proceedings: Third Party Debt Orders (TPDOs): applying for a third party debt order against monies invested with National Savings and Investments (NS&I)

Where an Officer authorises applying for a third party debt order against National Savings and Investments (NS&I), the enforcement action is taken under the Crown Proceedings Act 1947. No fee is payable. You should prepare four copies each of:

  • form N392
  • a witness statement based on form N391 (seek advice from the EIS Bradford CCP Technical Team if you are unsure).

The witness statement should state:

  • the date of birth of the judgment debtor
  • any other addresses of the judgment debtor (including any previous addresses)
  • the type of account believed to be held with NS&I
  • the number of that account or, if appropriate
  • that all or part of this information is not known to the witness.

You should sign the Statement of Truth on each document.

When the forms are complete:

  • carry out an RP check (see DMBM615040)
  • prepare an imminent proceedings list
  • send the completed form and witness statement to court together with a letter addressed to the court manager requesting that:

    • a time and date for hearing the application be inserted on forms N392
    • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
    • a copy be served on the judgment debtor
    • a copy to be returned to you.

The court will retain the fourth copy.

At the hearing make your application along the lines of form N392. If your application is refused, refer the papers to the EIS Bradford CCP Technical Team.