County Court (Forms) (Amendment No. 3) Rules 1995

Publication Date:January 01, 1995
 
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1995No. 2839 (L.16)

COUNTY COURTS

PROCEDURE

The County Court (Forms) (Amendment No. 3) Rules 1995

2ndNovember1995

8thJanuary1996

1.—(1) These Rules may be cited as the County Court (Forms) (Amendment No 3) Rules 1995.

(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, N1(D) N1(SPC), N2, N3, N4, N9, N9B, N9B(SPC), N10(HP/CCA), N92, N96 and N98 the forms contained in the Schedule to these Rules.

3. In Forms N18A and N19A, in the section entitled "Help and Advice", for the words "Many solicitors will give up to half an hour's advice for a fixed fee of £5, or you may be entitled to advice under the Legal Advice and Assistance Scheme", there shall be substituted the words "You may be entitled to advice from a solicitor under the Legal Advice and Assistance Scheme.".

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

Frank J. White

Neil Butler

J. H. Wroath

Helen Paling

Margaret Wilby

W. A. Vincent

Henrietta Manners

E. C. Gee

R. J. Winstanley

I allow these Rules, which shall come into force on 8th January 1996.

Dated 2nd November 1995

Mackay of Clashfern, C.

(a) S.I. 1982/586, the relevant amendments are S.I. 1984/879 1985/567, 1986/1505, 1988/279, 1989/886, 1918, 1990/517, 1991/1132 1992/2040, 1993/712 and 2174.

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

SCHEDULE

County Court Summons

CaseAlways

quote

Numberthis

In The

County Court

(1)Plaintiff'sfull nameaddress

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

Telephone:

(2) Address for sending documents and paymentsif not as aboveRef/Tel no.

(Seal)

(3) Defendant'sfull name(eg Mr. Mrs or Miss where known)and address Company no(where known)

This summons is only valid if sealed by the court

If it is not sealed it should be reported to the court

Keep this summons. You may need to refer to it

What the plaintiff claims from you

Brief description of tyle of claim

Particulars of the plaintiff's claim against you

Signed

Plaintiff or plaintiff's solicitor

(or see enclosed particulars of claim)

Amount claimed

Court fee

Solicitor's costs

Total amount

Summons issued on

What to do about this summons

You have 21 days from the date of the postmark to reply to this summons

(A limited company served at its registered office has 16 days to reply)

If this summons was delivered by hand, you have 14 days from the date it was delivered to reply

You can

dispute the claim

make a claim against the plaintiff

admit the claim and costs in full and offer to pay

pay the total amount shown above

You must read the Information on the back of this form. It will tell you more about what to do.

N1 Default summons (fixed amount) (Order 3, rule 3(2)(b))(11.95)Printed Satellire Press Limited form. it will tell you more about what to do.

If you do nothing

Judgment may be entered against you withoutfurther notice. This will make it difficult for you toget credit.

If you dispute the claim

Complete the white defence form (N9B) and return it to the court office within the time allowed. The notes on the form explain what you should do. It is not enough to contact the plaintiff by teltphone or letter.

If you want to make a claim against

the plaintiff (counterclaim)

Complete boxes 5 and 6 on the white defence form (N9B) and return the form to the court office. The notes at box 5 explain what you should do.

If you admit all of the claim and

you are asking for time to pay

Fill in the blue admission form (N9A). The notes on the form explain what you should do and where you should send the completed form. You must reply within the time allowed.

If you admit all of the claim and

you wish to pay now

Take or send the money including any interest and costs to theperson named at box (2) on the front of the summons. If there is no address in box (2), send the money to the address in box(1). You should ensure the plaintiff receives the money within the period given for reply. Read 'How to Pay' below.

If you admit only part of the claim

Fill in the white defence for. (N9B) saying how much you admit. and why you dispute the balance. Then either:Pay the amount admitted as explained in the box above; orIf you need time to pay fill in the blue admission form (N9A) and return the forms to the court office within the time allowed.

Costs

In addition to the solictor's costs for issuing the summon, a plaintiffs solicitor is entitled to add further costs if the court enters judgment against you.

Interest on judgments

If judgment is entered against you and is for £5,000 or more the plaintiff may be entitled to interest on the total amount.

Registration of judgments

If the summons results in a judgment against you, your name and address may be entered in the Register of County Court Judgments.This will make it difficult for you to get credit. A leaflet giving further information can be obtained from the court.

Further advice

Court staff cannot give you advice on points of law, but you can get help to complete the reply forms and information about court procedures atany county court office or Citizens Advice Bureau. The address and telephone number of your local court is listed under 'Courts' in the phone book. When correspoinding 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 on the front of this form; the court is unable to trace your case without it.

How to Pay

PAYMENT(S) MUST BE MADE to the erson amed 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 lest 4 days for your payments 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 leaslet giving further advice about payment can be obtained from the court.

If you need more information you should contact the plaintiff or his representative.

Certificate of service

To be completed on the court copy only

Served on

By posting on

Office

Not served on (reasons)

N1 Default summons (fixed amount) (Order 3. rule. 3(2)(b)) (11.95)

Printed by Salellite Press Limited

County Court Summons

CaseAlways

quote

Numberthis

In The

County Court

(1)Plaintiff'sfull nameaddress

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

Telephone:

(2) Address for sending documents and paymentsif not as aboveRef/Tel no.

Seal

(3) Defendant'sfull name(eg Mr. Mrs or Miss where known)and address Company no(where known)

This summons is only valid if sealed by the court

If it is not sealed it should be reported to the court

Keep this summons. You may need to refer to it

What the plaintiff claims from you

Brief description of tyle of claim

Particulars of the plaintiff's claim against you

Signed

Plaintiff or plaintiff's solicitor

(or see enclosed particulars of claim)

Amount claimed

Court fee

Solicitor's costs

Total amount

Summons issued on

What to do about this summons

You have 21 days from the date of the postmark to reply to this summons

(A limited company served at its registered office has 16 days to reply)

If this summons was delivered by hand, you have 14 days from the date it was delivered to reply

You can

dispute the claim

make a claim against the plaintiff

admit the claim and costs in full and offer to pay

pay the total amount shown above

You must read the Information on the back of this form. It will tell you more about what to do.

N1(D) Default summons (fixed amount, plaintiff under disability) (Order 3, rule 3(2)(b))(11.95) form. it will tell you more about what to do.Printed Satellire Press Limited

Please read this page: it will help you deal with the summons

General information

Cots

Court staff cannot give you advice on points of law, but you can get help to complete the reply forms and information ubout court procedures at any county court otfice or Citizens Advice Bureau. The address and telephone number of your local coun is listed under 'Couns' in the phone book. 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 comer on the front of this forms the coun is unable to trace our case without it.

If you dispute all or part of the claim court.

You may be entitled to help with your legal costs. Ask about thelegal aid scheme at any county coun office, Citizens AdviceBureau, legal advice centre or firm of solicitors displaying thelegal aid sign.

In addition to the solicitor's costs for issuing the summons, a plaintiffs solicitor is entitled to add funher costs if the court enters judgment against you.

Registration of judgments

If the summons results in a judgment against you your name and address may be entered in the Register of County Court Judgments. This will make it difficult for you to get credit.A leaflet giving funher information can be obtained from the court.

Interest on judgments

If judgment is entered against you and is for £5,000 or more the plaintiff may be entitled to interest on the full amount.

Say how much you dispute on the enclosed fonn for defending the claim imd return it to the coun office within the time allowed. It is not enough to contact the plaintiff by letter or telephone. The coun will arrange a hearing and will tell...

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