County Court (Forms) (Amendment) Rules 1990

Publication Date:January 01, 1990
 
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1990No. 517 (L.6)

COUNTY COURTS

PROCEDURE

The County Court (Forms) (Amendment) Rules 1990

5thMarch1990

1stApril1990

1.-(1) These Rules may be cited as the County Court (Forms) (Amendment) Rules 1990. (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

2. There shall be substituted in the main Schedule, for forms N.1 N.1(SPC), N.2, N.3, N.4, N.5, N.6, N.7, N.9, N.9(SPC), N.10(HP), N.11 N.12, N.14, N.22, N.23, N.25, N.26, N.27, N.27(1), N.27(2), N.28, N.29 N.30, N.30(1), N.30(2), N.31, N.32, N.32(1), N.32(2), N.32(3), N.32(4) N.32(5), N.33, N.34, N.35, N.36, N.37, N.38, N.39, N.41, N.42, N.46 N.48, N.49, N.52, N.55, N.56, N.58, N.64, N.67, N.72, N.73, N.74, N.79 N.82, N.83, N.84, N.85, N.95, N.96, N.97, N.98, N.99, N.108 and N.109 the forms contained in the Schedule to these Rules.

3. Forms N.45(1), 45(2), 47 and 85(1) in the main Schedule shall be omitted.

(a) S.I. 1982/586; the relevant amending instruments are S.I. 1982/1141, 1983/1715, 1984/879, 1985/567, 1986/1505, 1987/1119, 1988/279, 1989/886 and 1918.

SCHEDULE

*** Please refer to the printed edition of the SI for the ***
*** tabular material which is not included in the database. ***

County Court SummonsCase NumberIn theCounty CourtThe court office atis open from 10am to 4pm Monday to Friday(1)Plaintiff's full name address(2)Name and address for service and payment(if different from above)Ref/Tel no.DO NOT SEND PAYMENTS TO THE COURT(Seal)(3)Defendant's name addressThis summons is only valid if sealed by the court If it is not sealed, it should be sent to the courtKEEP THIS SUMMONS - YOU MAY NEED TO REFER TO ITWhat the plaintiff claims from youGive brief description of type of claim e.g. price of goodsIf the defendant does not live within the district of the court, the plaintiff states that the cause of action arose:Particulars of the plaintiff's claim against youSignedPlaintiff('s solicitor)(or see enclosed form Particulars of claim)Plaintiff's claimCourt feeSolicitor's costsTotal amountIssued onWhat you should doWithin 14 days from the date of service (which is explained overleaf under the heading General information) you should either• pay the total amount to the person named at the address shown in box (2) Only pay the plaintiff directly if no address is shown there (see How to Pay on back);or• admit the claim and make an offer of payment, by filling in the front of the enclosed reply form and sending it to the court: or• defend the claim by filling in the back of the enclosed form and sending it to the courtIf you do nothing, judgment may be entered against you and enforcement proceedings may be commenced without further notice.For more information on what to do next, please read the back of the form.N1 Default summons (fixed amount) (Order 3, rule 3(2)(b)) Please read this page: it will help you deal with the summonsIf you admit owing all the claim either pay the total amount - see How to Pay on this page; or, if you require time to pay, fill in the part of the enclosed form for admitting the claim and return it to the court. Give details of how you propose to pay the claim. If your offer of payment is accepted, the court will enter judgment and send an order telling you how to pay. If your offer is not accepted, the court may either• enter judgment and tell you how to pay; or• arrange a hearing which you should attend. You will be told what the court has decided. If you dispute all or part of the claimYou may be entitled to help with your legal costs. Ask about the legal aid scheme at any county court office, citizens' advice bureau, legal advice centre or firm of solicitors displaying the legal aid sign. • Say how much you dispute in the part of the enclosed form for defending the claim and return it to the court. The court will arrange a hearing and will tell you when you should attend. • If you dispute only part of the claim, you should also fill in the part of the form for admitting the claim and pay the amount admitted to the address for payment. • If you have paid the amount of the plaintiff's claim since the summons was issued, fill in the part of the form for defending the claim. Say when you paid the claim. Then pay the costs to the address for payment unless you dispute having to pay them. Explain your reasons. • If the court named on the summons is not your local county court, you may write to the court named, asking for the case to be transferred to your local county court and explaining your reasons. However, if the case is transferred and you later lose the case, you may have to pay more in costs. • A claim for £500 or less will normally be dealt with by arbitration under the small claims procedure. A free booklet about the small claims procedure is available from any county court office. If you want to make a claim against the plaintiffThis is known as a counterclaimFill in the part of the enclosed form headed Counterclaim. If your claim is for more than the plaintiff's claim, you may have to pay a fee - the court will let you know. Unless the plaintiff admits your counterclaim there will be a hearing. The court will tell you when to attend. To be completed on the court copy onlyServed on:By posting on:Officer:N1 Default summons (fixed amount) Registration of judgmentsIf the summons results in a judgment being made against you, your name and address may be entered in the Register of County Court Judgments. This may make it difficult for you to get credit• If the money is paid in full within one month of the date of judgment, you can ash the court to remove the entry and for a certificate proving payment. You will have to pay a fee for this. • If you pay in full after one month, you can ask the court to mark the entry in the register as satisfied and for a certificate proving payment. You will have to pay a fee for this. General information• If you received this summons through the post, the date of service will be 7 days (for a limited company at its registered office, the second working day) after the date of posting as shown by the postmark. You have 14 days from this date to pay or reply to the summons. • You can get help to complete the enclosed form at any county court office or citizens' advice bureau. • If the total amount is not paid in full within 14 days after the date of service of this summons, you may have to pay more costs. • When corresponding with the court, please address forms or letters to the Chief Clerk. • Always quote the whole of the case number which appears at the top right corner of the front of this form; the court is unable to trace this summons without it. How to Pay• PAYMENT(S) MUST BE MADE to the person named at the address for payment quoting their reference and the court case number.• DO NOT bring or 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 his representative.• Make sure that you keep records and can account for all payments made. Proof may be required if there is any disagreement. It is not safe to send cash unless you use registered post.• A leaflet giving further advice about payment can be obtained from the court.• If you need more information, you should contact the plaintiff or his representative.This summons was returned by the Post Office marked 'Gone Away' on:Printed in the UK for HMSO Dd 8155939 C20000 28312 11/89 County Court SummonsCase NumberIn theCounty CourtThe court office atis open from 10am to 4pm Monday to FridayPlaintiff's full name AddressPlaintiff's Solicitor's AddressRef/Tel no.(Seal)Defendant's name AddressThis summons is only valid if sealed by the court If it is not sealed, it should be sent to the courtKEEP THIS SUMMONS - YOU MAY NEED TO REFER TO ITWhat the plaintiff claims from youGive brief description of type of claim e.g. price of goodsIf the defendant does not live within the district of the court, the plaintiff states that the cause of action arose:Particulars of the plaintiff's claim against youSignedPlaintiff('s solicitor)(or see enclosed form Particulars of claim)Plaintiff's claimCourt feeSolicitor's costsTotal amountIssued onWhat you should doWithin 14 days from the date of service (which is explained overleaf under the heading General information), you should either• pay the total amount into court (see Payments into Court box overleaf);or• admit the claim and make an offer of payment, by filling in the front of the enclosed reply form and sending it to the court: or• defend the claim by filling in the back of the enclosed form and sending it to the court.If you do nothing, judgment may be entered against you, and enforcement proceedings may be commenced without further notice.For more information on what to do next, please read the back of the formN1(D) Default summons (fixed amount. plaintiff under disability) (Order 3, rule 3(2)(b)) Please read this page: it will help you deal with the summonsIf you admit owing all the claimeither pay the total amount - see Payments into Court on this page; or, if you require time to pay, fill in the part of the enclosed form for admitting the claim and return it to the court. Give details of how you propose to pay the claim. If your offer of payment is accepted, the court will enter judgment and send an order telling you how to pay. If your offer is not accepted, the court may either:• enter judgment and tell you how to pay; or• arrange a hearing which you should attend. You will be told what the court has decided. If you dispute all or part of the claimYou may be entitled to help with your legal costs. Ask about the legal aid scheme at any county court office, citizens' advice bureau, legal advice centre or firm of solicitors displaying the legal aid sign. • Say how much you dispute in the part of the enclosed form for defending the claim and return it to the court. The court will arrange a hearing...

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