County Court (Forms) Rules 1982

Publication Date:January 01, 1982
 
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1982No. 586 (L. 16)

COUNTY COURTS

PROCEDURE

The County Court (Forms) Rules 1982

22ndApril1982

1stSeptember1982

1. These Rules may be cited as the County Court (Forms) Rules 1982 and shall come into operation on 1st September 1982.

2.—(1) The forms contained in the Schedule to these Rules shall be used in connection with proceedings in county courts to which the County Court Rules 1981 (a) apply, subject to and in accordance with the provisions of this rule.

(2) The said forms shall be used in the several cases to which they apply with such variations as the circumstances may require.

(3) Where any of the Country Court Rules 1981 re-enacts, with or without modification, a rule revoked by those rules, any form prescribed for use under the rule so revoked may, if substantially to the same effect as a form prescribed for use under the provision so re-enacted, be used under that provision until the Lord Chancellor otherwise directs.

(4) Every form in the Schedule marked with the words "[Royal Arms]" shall have a replica of the Royal Arms printed, or embossed by an officer of the court, at the head of the first page.

(5) Every form in the Schedule marked with the word "Seal" shall bear the seal of the court.

(a) S.I. 1981/1687.

We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 102 of the County Courts Act 1959 (a), having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hand and submit them to the Lord Chancellor accordingly.

David Peck.

J. B. Taylor.

C. R. Oddie.

M. Birks.

Andrew Smith.

A. C. Goodall.

S. S. Gill.

M. A. W. Grundy.

Fielding Hatton.

Norman Cooper.

Alan K. Griesbach.

I allow these Rules which shall come into operation on 1st September 1982.

Dated 22nd April 1982. Hailsham of St. Marylebone, C.

(a) 1959 c. 22.

GENERAL INFORMATION

(a) If you intend to denfend this claim and the court issuing this summons is not your local country court, you may write to the Registrar of the issuing court requesting that the action be transferred to your local country court. You should note, however, that if the action is transferred and you subsequently lose the case the costs against you may be increased.

(b) You can obtain help in completing the attached form at any county court office or citizens' advice bureau.

(c) If you dispute the claim, you may be entitled to legal aid. Information about the Legal Aid Scheme may be obtained from any county court office, citizens' advice bureau, legal advice centre and from most firms of solicitors.

(d) If this summons results in a judgment being entered against you, then if £10 or more remains outstanding one month after the date of judgment, your name and address will be entered in the Register of County Court Judgments. Registration may affect your ability to obtain credit although you may apply to the court for the registration to be cancelled when the judgment has been fully satisfied.

INSTRUCTIONS — WITHIN 14 DAYS AFTER THE DATE OF SERVICE, YOU MUST:

1. IF YOU ADMIT OWING ALL THE CLAIM EITHER, pay that amount into court together with the costs shown overleaf OR complete and return to the court the attached form of admission stating your proposals for paying the claim.

If your offer of payment is accepted you will be sent on order from the court explaining how payments should be made.

If your offer of payment is not accepted, you will be sent a notice telling you when the court will decide how payment must be made. You may if you wish attend that hearing.

2. IF YOU DISPUTE ALL OR PART OF THE CLAIM, complete and return to the court the attached form of defence stating clearly how much of the claim you dispute and your reasons for doing so.

If you dispute only part of the claim you should also complete the admission part of the form stating how much you owe and either send that amount with the form or state how you propose to pay.

If you have paid the amount of the claim since the date of issue of the summons, complete and return to the court the attached form of defence stating the date of payment and pay the costs into court.

If you enter a defence you may have to attend court. The court will send you notice of hearing.

3. IF YOU HAVE A CLAIM AGAINT THE PLAINTIFF, complete and return to the court the attached form of counterclaim giving details of your claim. If your counterclaim exceeds the claim you may have to pay a fee. The court will notify you of this. Unless the plaintiff admits your counterclaim you will have to attend court to prove it.

4. UNLESS payment of the claim and costs in full is made into court within 14 days after the date of service of this summons you may be liable for additional costs.

METHOD OF PAYMENT

By calling at the Court Office Payment may be made in cash or by BANKER'S DRAFT, GIRO DRAFT or by CHEQUE SUPPORTED BY A CHEQUE CARD SUBJECT TO THE CURRENT CONDITIONS FOR ITS USE. Drafts and cheques must be made payable to HM PAYMASTER GENERAL and crossed.

PAYMENT OTHERWISE THAN AT THE COURT OFFICE COUNTER DURING OFFICE OPENING HOURS IS AT THE PAYER'S OWN RISK. Remittances to the court by post must be by POSTAL ORDER, BANKER'S DRAFT or GIRO DRAFT only, made payable to HM PAYMASTER GENERAL and crossed. Cheques, giro cheques and stamps are not accepted. Payment cannot be received by bank or giro credit transfer.

This form should be enclosed and postage must be prepaid. A stamped addressed envelope must be enclosed to enable this form, with a receipt, to be returned to you.

N.12 Certificate of Service

Order 7 Rule 6 (1), (4a) and (2)

Case No.

I certify that the summons of which this is a true copy was served by me on (date)

Service was effected

(a) By leaving it at (posting it to) the address stated on the summons (to be the registered office of the Company).

(b) At the address stated in the summons (or at ) by delivering it to the defendant personally (or to apprently not less than 16 years old, who promised to give it to the defendant on the same day or on ).

(c) By posting it to the defendant on at the address stated on the summons in accordance with the certificate of the plaintiff or his solicitor.

(d) By posting it to the defendant on pursuant to the certificate at (1) below.

(e) By inserting it, enclosed in an envelope addressed to the defendant, in the letter box at the address stated on the summons for the reasons at (1).

Bailiff/Officer of the Court

(1) I have reason to believe the summons will reach the defendant in sufficient time, because:

Bailiff.

Or I certify that this summons has not been served for the following reasons:

Bailiff/Officer of the Court

GENERAL INFORMATION

(a) If you agree you are liable for some or all of the claim read instruction 1 and 2.

(b) If you dispute liability for all or part of the claim read instructions 1 and 2.

(c) Whether you admit or dispute the claim you may make a claim against the plaintiff. See instruction 3.

(d) You can obtain help in completing the attached form at any county court office or citizens' advice bureau.

(e) If you dispute the claim, you may be entitled to legal aid. Information about the Legal Aid Scheme may be obtained from any county court office, citizens' advice bureau, legal advice centre and from most firms of solicitors.

(f) Application forms for issue of a witness summons may be obtained at the court office.

(g) If you intend to defend this claim and the court issuing this summons is not your local county court you may write to the registrar of the issuing court requesting that the action be transferred to your local county court. You should note, however, that if the action is transferred and you subsequently lose the case the costs against you may be increased.

(h) If this summons results in a judgment being entered against you, then if £10 or more remains outstanding one month after the date of judgment, your name and address will be entered in the Register of County Court Judgments. Registration may affect your ability to obtain credit although you may apply to the court for the registration to be cancelled when the judgment has been fully satisfied.

INSTRUCTIONS — WITHIN 14 DAYS AFTER THE DATE OF SERVICE, YOU MUST:

1. IF YOU ADMIT THE CLAIM OR ANY PART OF IT, pay the amount admitted into the court. If the plaintiff accepts the amount paid you will not be liable for any subsequent costs. If you require more time to pay complete the attached form of admission. If the plaintiff does not accepts the amount you admit or your proposal for payment you will be given notice to attend court.

2. IF YOU DISPUTE THE CLAIM OR ANY PART OF IT, return to the court the attached form of defence stating clearly how much you dispute and your reasons for doing so. If you enter a defence you may have to attend court. The court will sent you a notice of hearing.

3. IF YOU HAVE A CLAIM AGAINST THE PLAINTIFF, complete and return to the court the attached form of counterclaim giving details of your claim.

If your counterclaim exceeds the claim, you may have to pay a fee. The court will notify you of this.

Unless the plaintiff admits your counterclaim you will have to attend court to prove it.

METHOD OF PAYMENT

By calling at the Court Office Payment may be made in cash or by BANKER'S DRAFT, GIRO DRAFT or by CHEQUE SUPPORTED BY A CHEQUE CARD SUBJECT TO THE CURRENT CONDITIONS FOR ITS USE, Drafts and cheques must be made payable to HM PAYMASTER GENERAL and crossed.

PAYMENT OTHERWISE THAN AT THE COURT OFFICE COUNTER DURING OFFICE OPENING HOURS IS AT THE PAYER'S OWN RISK. Remittances to the court by post must be by POSTAL ORDER, BANKER'S DRAFT or GIRO DRAFT only, made payable to HM PAYMASTER GENERAL and crossed. Cheques, giro cheques and stamps are not accepted. Payment cannot be received by bank or giro credit transfer.

This form should be enclosed and postage must be prepaid. A stamped addressed envelope must be enclosed to enable this form' with a receipt, to be returned to...

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