County Court (Forms) (Amendment No. 2) Rules 1994

Publication Date:January 01, 1994
 
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1994No. 2110 (L. 11)

COUNTY COURTS

PROCEDURE

The County Court (Forms) (Amendment No. 2)

Rules 1994

6thAugust1994

Rule 2

1stSeptember1994

Remainder

1stOctober1994

1.-(1) These Rules may be cited as the County Court (Forms) (Amendment No 2) Rules 1994.

(2) In these Rules, a form referred to by number means the form so numbered in the Schedule to the County Court (Forms) Rules 1982 ( a) and "the main Schedule" means that Schedule.

2. There shall be inserted in the main Schedule, after Forms N.30 and N.30(1) respectively, the forms N.30(CCBC) (Judgment for plaintiff (in default)) and N.30(1)(CCBC) (Judgment for plaintiff (acceptance of offer)) contained in Schedule 1 to these Rules.

3. There shall be substituted in the main Schedule, for Forms N.24, N.36 N.58, N.59, N.60, N.63, N.64A, N.65, N.67 and N.118, the forms contained in Schedule 2 to these Rules.

4. In Forms N.22, N.23, N.25, N.30, N.30(1)-(3), N.32, N.32(1)-(5), N.33 and N.34, for the words from "You will have" down to "will be removed" where those words appear in the Take Notice section of each of the said Forms, there shall be substituted the following-

"If you pay in full within one month of judgment the entry will be removed. You must ask the court to do this. You will need to give the court proof of payment and pay a fee.".

5. In Form N.1(SPC), for the words "You have 22 days from the date of this postmark to reply." there shall be substituted "You have 22 days from the date of issue of this summons to reply.".

6. In Form N.20, for the figure "£400" there shall be substituted "£1,000".

(a) S.I. 1982/586; the relevant amendments are S.I. 1985/567; 1990/517 1991/1132; 1992/794, 2040 and 1993/712 and 2174.

7. The ALTERNATIVE DISPOSAL section in Form N.79 shall be amended as follows-

(a) for the words from "The order is suspended" to "so long as", there shall be substituted "The order is suspended until 19 and will not be put into effect if during that time";(b) after the words "proved be adjourned", there shall be inserted "until 19"; and(c) after the words "decision if", there shall be inserted "during that time".

The undersigned members of the Rule Committee, appointed by the Lord Chancellor under section 75 of the County Courts Act 1984 ( a) having made these Rules, certify them and submit them to the Lord Chancellor.

Hugh Jones

Neil Butter

Helen Paling

J. H. Wroath

Margaret Wilby

W. A . Vincent

Peter Birts

Henrietta Manners

E. C. Gee

I allow these Rules, which shall come into force on 1st October 1994, except rule 2, which shall come into force on 1st September 1994.

Mackay of Clashfern , C.

Dated 6th August 1994

(a) 1984 c.28; section 75 was amended by the Courts and Legal Services Act 1990 (c.41), sections 2(4), 16, and Schedule 18, paragraph 47.

SCHEDULE 1

Rule 2

Judgment for Plaintiff

(in default)

Case No.

Always quote this

In the

NORTHAMPTON

County Court

The court office is open from 10 am to 4 pm Mondy to Friday

ST. KATHARINE'S HOUSE,

21-27 ST. KATHARINE'S STREET,

NORTHAMPTON NN1 2LH

Telephone: 0604 601636

Plaintiff

Name and address for payment

(if different from above)

Ref/Tel No.

Defendant

(Seal)

The defendant has failed to reply to the summons.

It is therefore adjudged that

the plauntiff recover against the defendant the sum of

and

amounting togetner to tne sum of

(And the defendant having paid the sum of)

It is ordered that the defendant pay the sum of

*(by instalments of

for debt (and interest to date of judgrnent)

for costs

to the plaintiff

for every calendar month,

*if no sum is shown inthis box, payment isdue in full by thedate shown

Dated

the first paymen to reach the plaintiff) by

N30 (CCBC)t Judgment for plaintiff in default (Order 22, ruler1(1))

Perforation for payment slip

*if no sum is shown in this box payment is due in full by the date shown

Take Notice

Keep this document. You may need to refer to it.

To the defendant If you replied to tyhe rummont and judgment has been entered wrongly against you, you should write to the court office shown on the front of this form giving your reasons why the judgment should be set a side. A hearing will be arranged and you will be told when to come to court. If this judgment is not from your local county court, it will autonatically be transferred to that court for hearing.

If you do not pay in accordance with this order your goods may be removed and sold or other enforcement proceedings may be taken against you. If your circumstances change and you cannot pay, ask at the court office about what you can do.

This judgment has been registered in the Register of County Court Judgments. This may make it difficult for you to get credit.

When the money is paid in full (including any interest) you can ask the court to mark the entry in the register as satisfied and for a certificate proving payment. If you pay in full within one month of judgment the entry will be removed. You must ask the court to do this. You will need to give the court proof of payment and pay a fee.

If judgment is for £5000 or more, the plaintiff anmy be entitled to interest.

How To Pay

· Payments must be made payable to Payee Name

quoting their reference number and th court casw number. If you need further information you should contact the plaintiff or their representative on telephone number: Telephone number

· DO NOT send payments to the court. THEY WILL NOT BE ACCEPTED.

· You should allow at least 4 days for your payment to reach the plaintiff or their representative.

· Make sure that you keep records and can account for all payments made. Proof may be required if there is any disagreement.

· Please DO NOT aend cash through the post.

· A leaflet giving further advice about payment is enclosed with this form.

Methods Of Payment

· Payment at a bank (A-GIRO) By BANK GIRO CREDIT over the counter of any branch of any bank using the payment slip attached. If you pay by cheque, write the reference number and case number on the back of the cheque and make the cheque payable to Payee Name Some banks may charge a small handing fee

· Payment direct (B-GIRO) Make your cheque or postal order payable to Payee Name and write the reference number and case number on the back of your cheque or on the from of any postal order. THen sent it with the payment slip to:

Payee Name

Payee address 1

Payee address 2

Payee address 3

Payee address 4

Payee address 5

Payee postcode

· Payment by National Girobank account (C) Girobank account holders should complete the Giro Bank Credit on the form of this for.. detach it and post it to the National Girobank, Bootle, Merseyside. GIR OAA. If you hjav a special Girobank envelope please use it.

· Payment at a Post Office (D) Enter the amount to the paid on the payment slip. date and sign it. then take it with your payment to any POST OFFICE. A fee may be changed.

· Payment by standing order(E) You should complete the following details:

Bank: Bank name

Branch: Bank branch

Sort Code: Bank sort code

Payee:

Payee Name

Account no: Bank account number

Please ensure you quote reference: Reference number

· Payment in any local store (F)

If you have previously made payments to the plaintiff at a local store you may continue to use this method. Just quote your account number when making any payments at the accounts depqrtment.

· Payment at a bank (G)

By BANK GIRO CREDIT at any branch of any bank, If you pay by cheque, write the reference number and case number on the back of the cheque and make the cheque payable to:

Payee Name

Some banks amy charge a small handing fee.

Important (H)

If you wish to pay by this method please countact the plaintiff or their representative. They will sent you a book of bank giro credit slips.

· Payment direct (I)

Make your cheque of postal order payable to:

Payee name

and write the reference number and case number on the back of your cheque or on the from of any postal order. then sent it to:

Payee Name

Payee address 1

Payee address 2

Payee address 3

Payee address 4

Payee address 5

Payee postcode

Judgment for Plaintiff

(in default)

Case No.

Always quote this

In the

NORTHAMPTON

County Court

The court office is open from 10 am to 4 pm Mondy to Friday

ST. KATHARINE'S HOUSE,

21-27 ST. KATHARINE'S STREET,

NORTHAMPTON NN1 2LH

Telephone: 0604 601636

Plaintiff

Name and address for payment

(if different from above)

Ref/Tel No.

Defendant

(Seal)

The defendant has failed to reply to the summons.

It is therefore adjudged that

the plauntiff recover against the defendant the sum of

and

amounting togetner to tne sum of

(And the defendant having paid the sum of)

It is ordered that the defendant pay the sum of

*(by instalments of

for debt (and interest to date of judgrnent)

for costs

to the plaintiff

for every calendar month,

*if no sum is shown inthis box, payment isdue in full by thedate shown

Dated

the first paymen to reach the plaintiff) by

N30 (CCBC)t Judgment for plaintiff in default (Order 22, ruler1(1))

Perforation for payment slip

*if no sum is shown in this box, payment is due in full by the date shown

Take Notice

Keep this document. You may need to refer to it.

To the defendant If you replied to tyhe rummont and judgment has been entered wrongly against you, you should write to the court office shown on the front of this form giving your reasons why the judgment should be set a side. A hearing will be arranged and you will be told when to come to court. If this judgment is not from your local county court, it will autonatically be transferred to that court for hearing.

If you do not pay in accordance with this order your goods may be removed and sold or other enforcement proceedings may be taken against you. If your circumstances change and you cannot pay, ask at the court office about what you can do.

This judgment has been registered in the Register of County Court Judgments. This may make it...

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