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HMRC internal manual

Debt Management and Banking Manual

From
HM Revenue & Customs
Updated
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Enforcement action: county court proceedings: reviewing the enforcement strategy: applying for a new order for earlier payment

Application for a new order

Where the higher debt manager decides that an application for a new order for earlier payment is worthwhile

  • prepare three copies of form N244 (note the wording differs according to the reason, see below)
  • carry out an RP check (DMBM615040)
  • take or send form N244 to the court
  • ask the court manager (in a covering letter) to

    • insert the date and time when the application will be heard on the form N244
    • send one copy to the judgment debtor
    • return one copy to you.

Application is for larger instalments

Where the application is for increased instalments, prepare three copies of the form N244 as follows.

“I wish to apply for an Order under Order 22 rule 10(3) of the County Court Rules 1981, that the outstanding debt be paid by larger instalments of £[insert amount] per week/month on the grounds that the judgment debtor’s financial circumstances have improved, evidence of which will be produced at the hearing so fixed.

I certify that the sum of £[insert amount] remains due, currently being paid at £[insert amount] per week/month.”

Application is for earlier payment

Where the application is for earlier payment prepare three copies of the form N244 as follows.

“I wish to apply for an Order under Order 22 rule 10(3) of the County Court Rules 1981, that the outstanding debt be paid on an earlier date than that by which it is currently due to be paid on the grounds that the judgment debtor’s financial circumstances have improved, evidence of which will be produced at the hearing so fixed.

I certify that the sum of £[insert amount] remains due.”

On the day of the hearing

On the appointed day

  • carry out a further RP check
  • present your application
  • submit the evidence to support your application
  • ask the court for an appropriate new order
  • make a note of the court’s decision (the court will not formally notify you).
  • record the outcome on form 20C and retain it with your papers.

Subsequent action

If the judgment debtor defaults on the terms of the new order, take appropriate enforcement action.