Enforcement action: county court proceedings: preparation and service of the claim: issuing a claim in CCBC cases
Final checks before issue
For all cases you must:
- complete an RP check (DMBM615040)
- prepare an imminent proceedings list
- check the postcode is shown on the IDMS record (see DMBM665340).
Issuing a claim
To issue a claim through the CCBC:
- link all work items that are to be included in the action
- highlight the work item or master work item if it is a linked set on TIS
- click on the [Proceedings Details] button
- click on the [CPC Claim] button on the PROCEEDINGS HISTORY screen.
If the claim includes in-year PAYE, a further screen for entering details of how and when the in-year liability was established appears. If it does:
- select the applicable option button
- enter the appropriate date
- then click [OK].
The CCBC issues the claim form automatically to the defendant. Once a claim has been requested the work items in the linked set are protected and subsequent work items will not be linked to the master work item.
Following the issue of the claim IDMS automatically B/Fs the case for 22 days with the next action set as ‘Judgment in Default’.
Date of issue of claim
You will not receive any notification from the court. The date of issue of the claim is recorded on IDMS on the CPC Claims tab in PROCEEDINGS DETAILS and will usually be the day after the online request is made.
All county court fees incurred in relation to claims requested through the interface to the CCBC are paid by the CCCU. The CCCU are also responsible for paying any other county court fees that are incurred whilst the action is still within the jurisdiction of the Bulk Centre.
When a claim passes through IDMS to the CPC/CCBC interface and is successful, IDMS will:
- automatically calculate the amount of the fixed cost per the table at DMBM668752
- create the fixed cost work item
- show this on the action history
- link the fixed cost WI to the WIs in the existing CCBC case.
The fixed cost amount will:
- be output in the file to the Claims Production Centre (CPC); this will appear in the ‘Solicitor’s costs’ field on the N1 Claim Form
- appear on the Cost Report and you must enter it onto SAFE using the SAFE charge type ‘Fixed Costs (CCBC)’.
Monetary restriction of claims
IDMS does not allow you to issue a claim for less than £100.
Serving a claim
The CCBC issues all claims by post. A claim form must be served within 4 months from the date of issue.