Explains County Court procedure in England and Wales. The process commences with a claim, followed by judgment in default, followed by enforcement. Claim data can be transmitted directly to the Court Service via the CCBC department in Northampton using their superb XML Web Service. Also known as SDT - Secure Data Transfer.
XML transmissions are instantly visible on MCOL (Money Claim Online).
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1. UK County Court Business Centre course
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2. Three choices
• Submit a paper form N1 to CCMCC in
Salford with the correct fee
• Log on the MCOL and issue a claim by
paying the fees with a credit card
• Use the CCBC’s SDT service
3. Aims
• This course aims to teach delegates how to
interact with the CCBC electronically:-
• Claims
• Judgments
• Warrants
• Paids (Claim status updates)
• Feedback
• Queries
4. Objectives
• At the end of the course, delegates should
be able to transmit data to the CCBC
• Specify interest, penalties & charges
• Charge Fixed Solicitors Costs
• Use non-CCBC modes of enforcement
• Liaise with Bulk Centre Staff regarding
processing matters
5. Platform
• Case Management System
• Microsoft Windows
• Microsoft VB.Net – Visual Studio
• MS SQL Server database
• SOAP web service
• XML
• SSL security certificates
• Check for proxy server on network
8. County Court Bulk Centre
4th
Floor, St Katharine’s House,
21/27 St Katharine Street.
Northampton,
NN1 2LH
Part of HMCTS - HM Courts & Tribunal
Service, agency of Ministry of Justice.
10. CCBC purpose
• The Northampton Bulk Centre was established to
deal with the administrative side of the debt
recovery process, allowing local county courts to
concentrate on other areas.
• If a hearing on the claim / judgment is needed,
the case will be heard at a local county court.
• The Northampton Bulk Centre does not have
hearing facilities.
11. SDT – what is it?
• MoJ commissioned CGI to create a superb
new SOAP XML service for the CCBC
• No more flat files and emails
• No more number sequence tracking
• No more diskettes or modems
• No more advice notes
• 24/7 service over the Internet
• Just a mouse click and full visibility
• Instantaneous response from MCOL…
13. XML – what is it?
It’s a kind of web page (HTML) notation for storing data…
14. SDT – what can we do?
• Submit requests
• Receive feedback
• Submit queries
15. SDT – what requests?
• Submit XML over the Internet
• Claims – N1
• Judgments – N225
• Warrants – N323
• Claim Status Updates – MP/DI/WD
16. SDT – what feedback?
• Receive XML over the Internet for
requests submitted
• From SDT Gateway
• From MCOL
• From CaseMan
17. SDT – what queries?
• Receive XML over the Internet for queries
submitted
• Date span from and to for claims issued…
• [1] [DE] - Defended
• [2] [DC] - Defence and counterclaim
• [3] [AS] - Acknowledgment of service
• [4] [PA] - Part admission
18. CCBC rules (1)
• Embodied in the Civil Procedure Rules
• Up to £100,000
• No separate particulars of claim
• 45 character ‘pleading’ text
• No more than 2 x defendants
• Both defendants relate to a claim of the same
value
• CPC Rules/ CCBC Rules
19. CCBC rules (2)
• No claims against the Crown
• No claims in foreign currency
• Claims with addresses in England & Wales
only
• Partners – designate as ‘A firm’
• Sole trader – designate as ‘A trading name’
• Limited company – designate as ‘trading as’
• CPC Rules/ CCBC Rules
24. File numbering sequences
• Bulk request = 100000
• Claim = 400000
• Judgment = 300000
• Warrant = 200000
• JudgmentWarrant = 600000
• Claim Status Update = 100000
• County Court ID = ‘335’
• I.e. must be unique within a 90 day period
25. Court ID numbers
Link:- http://hmctsformfinder.justice.gov.uk/HMCTS/Link:- http://hmctsformfinder.justice.gov.uk/HMCTS/
31. How do I import data? (2)
• Import from SAP, Oracle, Navision, Sage etc.
• Adhere to strict CSV (Comma Separated Value)
file structure
• Use Microsoft Excel to build CSV easily
• Maximum of 12 x debt detail lines
• Allocate each debtor to any number of Claimants
• Decide on debtor type – Sole trader/individual,
Partnership, Limited company, PLC, LLP etc.
• Add to the existing number sequence
• Export data back out as CSV, XLS, Delimited
32. How do I import data? (3)
• What does CSV layout look like?
33. How do I import data? (4)
• What does CSV layout look like?
34. How do I import data? (5)
• Debt detail lines…
46. LBA - Interest
1. Contractual interest
1. Must include in terms and conditions of trading
2. Right to interest must be contractually bound
3. Should be deemed fair under the Unfair Contract Terms Act
1977
2. Statutory interest
1. S.69 County Courts Act 1984 (currently at 8% per annum)
2. Added to debt when County Court claim is issued
3. Late payment interest
1. Late Payment of Commercial Debt (Interest) Act 1998
2. Make debtor aware via letter or T&C’s (Base rate + 8% p.a.)
3. http://www.payontime.co.uk
47. LBA - Compensation Charges
• Late Payment of Commercial Debt (Interest) Act 1998
• Debtor must be aware of right to claim – include in
T&Cs or letter
• Post charge to the Sales Ledger
Debt Charge
Up to £999.99 £40
£1000 - £9999.99 £70
£10,000 & above £100
56. 5.6 Determinations (pre-judgment)
• 5.6.1 User provides copy of the defendant’s reply form N9A
and completed form N225 or N225A.
• 5.6.2 User applies The Determination of Means Guidelines
(XLS)(available on request) to defendant’s admission.
• 5.6.3 User provides a copy of the calculation using the
determination calculator when requesting the court officer to
fix the rate of payment.
• 5.6.4 Any application to the District Judge for
reconsideration shall result in the claim being transferred to
the defendant’s "home" court (see 5.12).
• 5.6.5 The CCBC shall produce a standard form N30(2)
(Judgment for Claimant [determination without hearing] )
and despatch to each party.
57. JWP
• Judgments
• Warrants
• Paids
• JWP all transmitted as XML at same time
• Any combination is permitted
• Use the Browse button to check before
clicking Submit
69. Allocation Questionnaires (AQs)
• From the 19th March 2012 claims issued through
CCBC which are subsequently defended can remain at
CCBC until both Allocation Questionnaires have been
received.
• Only transferred out where a hearing or mediation is
required. CCBC has the facility to refer any ex-parte
applications to their panel of Deputy District Judges
prior to transfer if required.
• You may file AQs via email to:
ccbcfees@hmcts.gsi.gov.uk.
• Card payments over the telephone – 0845 408 5302 or
claimant express line 0845 408 5303
70. How do I go live? (1)
• Ring Donna Jolly at CCBC on 01604-795545
• You will be sent a starter pack
• Application forms – Name and address,
expected volumes etc.
• Sign the Code of Practice document
• Complete Direct Debit mandate forms
• Supply CCBC with your MCOL number:
E.g. MC0001234567
• You will be sent:-
1. Customer and System ID
2. Details to apply for a production Symantec SSL
security certificate
72. How do I go live? (2)
• You load SSL Security certificate
• You load software and debtors
• Check that Direct Debit is live
• You load claimants and control panel
• Submit first ‘live’ XML data…you are
now live
• Go-live tips
73. CCBC Contacts
• Cid Spooner – Head of CCBC
• Harmesh Mann – Manager – 01604-619531
• Guy Wadsworth – White list – 0203-334-6248
• Rebecca Scarborough – Fees – 01604-619529
• Selina Forde – CJSM – 01604-619484
• Vaiva Shabani – CPC – 01604-619527
• Half-yearly user group meetings held in June
and December (CCUA attend).
78. MCOL - 1
• Set up for claimants to submit money claims on line
with credit card
• Extended to process requests received from bulk
customers submitting XML
• Validated requests are stored in the MCOL database to
be passed to CaseMan
• View the status of submitted requests using the case
number
• Submit claims via MCOL www.moneyclaim.gov.uk
• View claim responses on MCOL
79. MCOL - 2
• Register as an Individual or an Organisation
• If a SOLICITOR, select to enrol as a
SOLICITOR – registered as a legal
representative or solicitor
• If your company has an internal legal
department, then register as a solicitor in
order to charge fixed solicitors costs
90. SDT - 1
• Secure Data Transfer
• Uses XML over the Internet
• MCOL membership
• Security certificate
• Direct Debit mandate
• 24 hours per day
91. SDT - 2
• Case numbers allocated by the CCBC
• Warrant numbers allocated by the CCBC
• Fees calculated by the CCBC
• Enforcement Court allocated by the CCBC
• Initially accepted after 2 minutes
• Fully accepted after 24 hours
• Service date transmitted after 24 hours
92. SDT - 3
• Only charged when processed
• Register on Government Gateway
• Register on MCOL
• Claims are processed 24/7
• JWP are processed at end of the day
• Internet XML interface
93. SDT - 4
• Status types:-
• Submitted/ Accepted/ Pending/ Rejected
• When accepted – go on to the CCBC Case
Management System
• A Bulk request file can contain multiple file
types:-
• Claims/ Judgments/ Warrants/ Paids
• Attachment of Earnings may next to be
automated
94. SDT - 5
• XML = eXtensible Markup Language
• XML is Like HTML (or web pages)
• Tags < > conform to a Schema
• Schema is found in an XSD file
• WSDL – Web Service Descriptive
Language
• SOAP protocol
95. SDT - 6
• SOAP, originally defined as Simple Object Access
Protocol, is a protocol specification for exchanging
structured information in the implementation of Web
Services in computer networks.
• It relies on Extensible Markup Language (XML) for
its message format, and usually relies on other
Application Layer protocols, most notably Hypertext
Transfer Protocol (HTTP) and Simple Mail Transfer
Protocol (SMTP), for message negotiation and
transmission.
96. SDT – 7a– MCOL options
• View PDFs
• View status
• View events
• Perform actions – see list
98. SDT – New customer (1)
• Sign up for Government Gateway
• National Coded Party ID
• Sign up for MCOL
• Apply for Direct Debit
• Apply for production SSL certificate
• Sign and return Code of Connection document
• Complete proposed daily submission schedule
• Supply volume data and email address
99. SDT – New customer (2)
• SDT customer ID
• Unique 2 x characters identifies user
• System ID
• MCOL ID
• MCOL login and password
• URL for production security certificate
• Certificate lasts 1 year
• MoJ certificate lasts 10 years
• Submission IDs unique for 90 days
• Batches get rejected in their entirety if even part wrong
100. SDT – New customer (3)
• VB.NET and MS SQL Server
• WSDL webservice supplied by MoJ
• Latest CID (Customer Interface Document) is
version 3.4
• XSDs + WSDL = secure web service
• 24/7 availability
• 60 second response from MCOL
• View defences on MCOL
• Separate particulars option
• Certificate is client side which establishes a secure
SSL tunnel to the MoJ. Supplied FOC by
Symantec.
101. SDT – New customer (4)
• User’s machine
• System Gateway [1] Cert [2] Format [3]
Customer ID [4] Receipt#
• SDT
• MCOL (Day 1) – Initially accepted
• CaseMan (Day 2)
102. SDT – Rejected Bulk Requests
• Security content inspection – viruses, spam, data
loss, key words, other content level criteria
• Gateway validation – bulk request does not
conform to defined XML formats
• SDT Request validation – request reference
already used within 90 day period/ request
quantity does not match/ invalid SDT customer ID
• SDT Individual request – used already – see list
• MCOL Individual request – see list
• CaseMan Individual request – see list
103. SDT – Common errors?
• Post code is wrong
• Address lines 1+2 are mandatory
• No claimant signatory
• Claimant set-up varies e.g. FSC
• Customer a/c number is wrong
• SSL certificate missing or out of date
• Direct debit has expired
• Scottish post code
• Special characters - @<>$ etc.
141. Debtor’s response (1)
The debtor/defendant has 14 days from the date of
service to reply or acknowledge service…
[N9 - Appendix G]
…and then a further 14 days to file their defence
[N11 - Appendix J]
143. Debtor’s response (2)
1. Pay in full
2. Pay in part
3. Admit claim – no payment [N9A – app. I]
4. Admit claim – offer instalments[N9A – app. I]
5. Ignore claim
6. File a defence [N11 or N9B – app. J]
7. Defence & counterclaim [N9B – app. L]
144. Debtor’s response (3)
1. Pay in full
1. Close the file
2. Consider permanent stop
2. Pay in part
1. Enter judgment for costs and interest where just the
principal has been paid
2. Proceed to enforcement OR
3. Write off and close credit account
145. Debtor’s response (4)
1. Admit claim (N9A) – no payment
1. Request judgment for immediate payment OR
2. Judgment with instalment plan
2. Admit claim (N9A) – offer of instalments
1. Request judgment accepting instalments
2. Decline – Judge will direct reasonable instalment
plan based upon defendant’s means
146. Debtor’s response (5)
1. Ignore claim
1. Enter judgment in default using form N205A or
form N225 [Appendix F and M]
2. File a defence (N9B)
1. Complete Allocation Questionnaire from the Court
form N150 [Appendix K]
2. Consider Summary Judgment application
147. Debtor’s response (6)
1. Defence and Counterclaim (N9B)
1. Seek legal advice
2. Counterclaims only received in 2% of cases
3. If counterclaim exceeds the value of the original
claim, the difference is to be paid into Court
149. Summary Judgment
The Court may give judgment against a Claimant
or Defendant if it considers:-
• That either party has no real prospect of
succeeding on the claim OR
• Has no real prospect of successfully defending
the claim or issue
• Use form N244 to make an application to the
Court
150. Notes on defences
• If you get a defence that shows a dispute then
your systems have failed
• Defences in small cases are disproportionate
to the outcome
• Litigate in proportion to the value of the claim
• Mediate rather than litigate
• SETTLE or AVOID them in simple debt cases
151. Track System
The Court will assign defended cases to one of the
tracks according to its value and complexity:-
152. Judgment
• Paper order from the Court for the
Defendant to pay the Claimant N30 (N)
• Registered after 1 month
• Stay on Register for 6 years
• Advise the Court if paid within 1 month
• Defendant may apply for Certificate of
Satisfaction N441 (V) if debt is paid
153. Enforcement – key questions
• Assets/property to seize
• Leasehold & HP exempt from seizure
• Title and ownership of goods
• Accessibility of assets
• Income/self-employed
• Debts owing to the defendant
• Land or buildings
154. Enforcement – methods
• Warrant of Execution (N323)
• Transfer to High Court (N293A)
• Charging Order (N379)
• Attachment of earnings (N337)
• Third party debt order (N349)
• Order to obtain information (N316/A)
155.
156. Warrant (N323) – [1]
• Most common type of enforcement
• Assets seized and sold at auction
• Court uses Bailiffs
• Bailiff can seize goods up to a maximum
value of £5000
157. Warrant (N323) – [2]
• The warrant can be issued for either the
whole amount outstanding or part thereof
subject to a minimum of:-
1. One monthly instalment
2. 4 x weekly instalments
3. £50
159. Warrant process (N323) – [3]
• The Levy – claim the goods
• Inventory - list
• “Walking possession”
• Offer of payment
• Removal & storage
• Sales by auction
• Distribution of sale proceeds
160. Warrant process (N323) – [4]
Exemptions:-
• Goods on HP or subject to lease
• Tools of trade/ perishable items
• Livestock & pets/ household essentials
• Pawn tickets
• Firearms/ Fixtures & fittings
161. Warrant process (N323) – [5]
Rights of entry:-
• Allowed in by person
• Unlocked door or open window
• Business premises
– Break in if no living accommodation is attached
and believe the defendant’s goods inside
166. Transfer to High Court (N293A) [1]
• Judgment must be above £600
• Select a Sheriff from Enforcement officer
listing:-
• www.dca.gov.uk/enforcement/directory05sm1.pdf
• www.dca.gov.uk/enforcement/directory05sm2.pdf
• Get the County Court officer to countersign
and seal the completed form N293A
• Send to the chosen Sheriff office with fee
167. Transfer to High Court (N293A) [2]
• Form N293A is a ‘Combined certificate of
judgment and request for writ of fieri facias
or writ of possession’
• Court certifies for the High Court that the
details are a true record of the Court record
in this case
168. Charging orders (N379) [1]
• Only applies to sole traders & partnerships
• Land Registry search for legal title
• Research for value and equity
• Serve application on defendant and all
known creditors
169. Charging orders (N379) [2]
• Interim Order (Nisi) is issued. This should
be registered with the Land Registry
• At the final hearing, a Final Order
(Absolute) will be issued if the application
is successful
• CO held against property till discharged
170. Attachment of earnings (N337) [1]
• Debtor must be employed
• Application form is sent to debtor
– Can be without specific employer
– Debtor to make offer of payment on form N56
• A Suspended Order is issued
171.
172.
173. Attachment of earnings (N337) [2]
• There is no expiry date for the Suspended
Order
• If a Default occurs, a full Order can be
made and served on the Employers
174. Third party debt order (N349) [1]
• Previously called a ‘Garnishee order’
• Third party must owe money to the debtor
at the time of application
• Complete stating the source of your
information
• Interim Order (Nisi) is issued by the Court
175. Third party debt order (N349) [2]
• The Third Party has to confirm the money
is owed and is frozen until the hearing
• At the hearing, a Final Order (Absolute) is
made
• The Third Party pays the Claimant directly
• Defendant can plead hardship
176. Order to obtain information [N316]
• Means to obtain information under oath in
order to select most effective enforcement
• Individual – form N316
• Company officer – form N316A
• Order to attend Court for questioning
• Order for Committal if ignored
As from 1st April 2004, a new regime for High Court enforcement came into effect in England and Wales. Previous to this date, enforcement of High Court writs of fieri facias and Writs of possession (collectively known as ‘writs of execution’) was carried out in the name of the High Sheriff for each bailiwick. (A ‘bailiwick’ being the area under the jurisdiction of the High Sheriff, these areas being roughly equivalent to the pre-1974 county boundaries). From 1st April 2004, all this changed. Incoming High Sheriffs who take office from that date are being removed from their obligation from enforcing these High Court writs. Instead, High Court writs of execution are now being enforced by “enforcement officers” appointed and assigned to districts by the Lord Chancellor or his nominated delegate. This directory contains a list of all those appointed as enforcement officers, and the postal districts to which they have been assigned. It also contains their contact details. An enforcement officer is obliged to accept any writ forwarded to him or her for the postal districts to which they have been assigned. They also have the discretion to accept writs for anywhere in England and Wales, but may decline to accept the writ if it is for an area to which they have not sought assignment. Many regular court users may already have regular dealings with High Court enforcement officers, and may know who they wish to approach to enforce their writs. However, many creditors may be unfamiliar with the system of High Court enforcement, and not know who they wish to enforce their writs on their behalf. This directory contains details of all those appointed and to which areas they have been assigned. It also contains the address of the National Information Centre for Enforcement, where you may send your writ for automatic allocation to a High Court enforcement officer for the relevant postal district, using the “cab rank” principle.
