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Debt Advice Handbook 14th edition

Chapter 11: Action in the county court: money claims

• 1. Starting a money claim
• Debts regulated by the Consumer Credit Act 1974
• Default notice
• Which court deals with the claim
• Automatic transfers
• The claim form
• The particulars of claim
• Responding to the claim form
• Filing and serving documents
• 2. Admitting a money claim
• The admission and statement of means form
• Completing Form N9A
• 3. The judgment
• The creditor’s response
• How courts calculate instalment orders
• The amount is not more than £50,000
• If the amount is more than £50,000
• Redetermination by a district judge
• Default judgment
• Interest charges after judgment
• Statutory interest
• Discretionary interest
• Contractual interest
• 4. Defending a money claim
• The defence and counterclaim form
• Challenging the creditor’s costs
• Allocating the case to the appropriate track
• The tracks
• Summary disposal
• 5. Enforcing a judgment
• Information order
• Warrant or writ of control
• Charging order
• Interim charging order
• Final charging order
• Objecting to the order
• Conditions attached to a charging order
• Suspending a charging order
• Joint ownership of property
• Order for sale of property
• Attachment of earnings order
• Requesting a suspension
• How the order is made
• The effect of an attachment of earnings order
• Consolidated attachment of earnings order
• Third-party debt order
• Hardship payment order
• Enforcing foreign judgments
• Scotland and Northern Ireland
• 6. Preventing enforcement
• Setting aside a judgment
• Serving the claim form
• Applications
• Suspending a charging order
• Varying payments due under an order
• Suspensions and stays
• Suspension of a warrant of control
• Insolvency options

This chapter covers

1. Starting a money claim (next)

2. Admitting a money claim (here)

3. The judgment (here)

4. Defending a money claim (here)

5. Enforcing a judgment (here)

6. Preventing enforcement (here)

This chapter deals with court action by creditors who are claiming only money from the client. If the creditor is taking action to recover property or goods as well as, or instead of, money from the client, see Chapter 12.

Note: before starting proceedings, most creditors must first of all comply with the pre-action protocol (see here), which aims to enable parties to resolve the matter without having to resort to court action.