County Court (Forms) (Amendment) Rules 1986

JurisdictionUK Non-devolved

1986 No. 1505 (L. 14)

COUNTY COURTS

PROCEDURE

The County Court (Forms) (Amendment) Rules 1986

28thAugust 1986

—as to Rules 1, 3 and 41stOctober 1986as to Rules 2, 5 and 61stJanuary 1987

1.—(1) These Rules may be cited as the County Court (Forms) (Amendment) Rules 1986.

(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 substituted in the main Schedule, for forms N1 and N2, the forms contained in the Schedule to these Rules.

3. Form N27(1) shall be amended by substituting—

(a) for the words "Section 191 of the County Courts Act 1959" the words "section 138 of the County Courts Act 1984"; and

(b) for the words in the first paragraph of the notice the following words—

"If you pay the rent arrears and costs in full by the date specified at (2) above (or within such further time as the court may allow) you will be entitled to retain possession of the property under the existing lease. However, if you fail to pay the rent arrears and costs, your landlord may take further proceedings to evict you.".

4. Form N27(2) shall be amended by substituting for the words in the first paragraph of the notice the following words—

"If you pay the rent arrears and costs in full by the date specified at (2) above (or within such further time as the court may allow) you will be entitled to retain possession of the property under the existing lease. Furthermore, if you comply with the terms mentioned in the final paragraph above, execution of this order for possession and payment will be suspended. If you become ill or out of work, ask your landlord to suspend the order until you are better or back at work. If he will not do so, you should ask the court officials to help you prepare an application to the Judge.".

5. Forms N3, N4, N5, N6, N7, N22, N23, N25, N26, N27, N27(1), N27(2), N28, N29, N30, N31, N32, N32(1), N32(2), N32(3), N32(5), N33, N34, N36 and N94, respectively, shall be amended as follows.

(a) S.I. 1982/586; the relevant amending instruments are S.I. 1982/1141 and 1985/567.

(1) In the General Information notes in forms N3, N4, N5, N6 and N7, there shall be substituted for the words from "If this summons" to "fully satisfied" the following words—

"If the summons results in a judgment being given against you and £10 or more is unpaid one month after the date of the judgment, your name and address will be entered in the Register of County Court Judgments. This may make it difficult for you to get credit. When the money is paid in full you can ask the court to mark the entry in the register as satisfied and for a certificate proving payment. There is a small fee for this.".

(2) In the part of forms N22, N23, N25, N26, N27, N27(1), N27(2), N28, N29, N30, N31, N32, N32(1), N32(2), N32(3), N32(5), N33, N34 and N36 headed "TAKE NOTICE" there shall be substituted for the words from "This judgment" to "fully satisfied" the following words—

"This judgment will be registered in the Register of County Court Judgments if £10 or more is unpaid one month after the date of the judgment. This may make it difficult for you to get credit. When the money is paid in full you can ask the court to mark the entry in the register as satisfied and for a certificate proving payment. There is a small fee for this.".

(3) In form N94 the words from "TAKE NOTICE" to "in the future" shall be omitted.

6. In forms N3, N4, N5, N6, N7, N22, N23, N25, N26, N27, N27(1), N27(2), N29, N30, N32, N32(1), N32(2), N32(3), N32(4), N32(5), N33, N34, N35, N36, N37, N38, N39, N41, N55, N58, N64, N67, N72, N73, N85, N85(1), N96, N97, N98, N99, N108 and N109 there shall be substituted for the words contained in the box headed in bold type "METHOD OF PAYMENT" the following words—

"HOW TO PAY

By calling at the Court Office which is open 10am to 4pm Monday to Friday.

You must pay by:

· cash,

· banker's or giro draft,

· cheque supported by a cheque card,

· other cheques may be...

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