Paragraph 72.7 Arrangements for debtors in hardship

(1)

If—

(a)

a judgment debtor is an individual;

(b)

he is prevented from withdrawing money from his account with a bank or building society as a result of an interim third party debt order; and

(c)

he or his family is suffering hardship in meeting ordinary living expenses as a result,

the court may, on an application by the judgment debtor, make an order permitting the bank or building society to make a payment or payments out of the account (“a hardship payment order”).

(2)

An application for a hardship payment order may be made—

(a)

in High Court proceedings, at the Royal Courts of Justice or to any district registry; and

(b)

in county court proceedings, to any county court.

(3)

A judgment debtor may only apply to one court for a hardship payment order.

(4)

An application notice seeking a hardship payment order must—

(a)

include detailed evidence explaining why the judgment debtor needs a payment of the amount requested; and

(b)

be verified by a statement of truth.

(5)

Unless the court orders otherwise, the application notice—

(a)

must be served on the judgment creditor at least 2 days before the hearing; but

(b)

does not need to be served on the third party.

(6)

A hardship payment order may—

(a)

permit the third party to make one or more payments out of the account; and

(b)

specify to whom the payments may be made.