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HMRC internal manual

Debt Management and Banking Manual

Debt and return pursuit: Child Benefit overpayments: enforcement: application for a court order under CPR70.5 - general

Form N322A

An application for an order to enforce payment of an overpayment must be made on form N322A. You can find guidance on completion of form N322A at DMBM665470.

Note: The importance of completing form N322A correctly cannot be overemphasised. Errors made at this stage will have to be corrected later which can cause difficulties with possible delay to the future conduct of the case. It may also result in costs being incurred that cannot be recovered.

Selecting the right court

Proceedings must be started in the court in the area where the defendant resides or carries on business.

It is important to select the correct court in which to start the action to avoid cases being transferred between courts unnecessarily. Courts will always transfer cases to the defendant’s ‘home’ court when a hearing becomes necessary.