DMBM557945 - Debt and return pursuit: Child Benefit overpayments: enforcement: applying for a court order under CPR70.5 - making application to the court
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Final checks including Recovery Proceedings (RP) checks
The RP check should be undertaken by Enforcement Officers per the guidance at DMBM615040.
Sending the N322A to the court
When you are satisfied that the case is ready for an application to be made to the court:
- send the completed form N322A with attachments and the fixed court fee 8.9 (DMBM668750) to the appropriate court
- BF the papers for 21 days for receipt of the court order (form N322) from the court.
Note: Claims made on form N322A should be sent or taken to a local court, not to the County Court Business Centre (CCBC) .
Action by the court
An officer of the court can give the court’s order. It does not have to go before a district judge. It is not a judgment but has a similar effect, including registration by Registry Trust Ltd. If it is satisfied with your application, the court will
- make the order:
- serve form N322 on the respondent (the debtor) which orders them to pay the total sum, including the court fee.
The court will send you a copy of the order on form N322. This shows the case number and the terms of the order.
You should:
- check that the details on the form N322 are correct
- enter the case number on the papers and in column 3 of Book 28
- keep the N322 securely with the papers
- BF for payment.
Follow-up action
Where payment is not made within 14 days of the order, or the debtor has not contacted you regarding payment, you should follow the general guidance in DMBM666310.
The court questions the legislative basis of the claim
If the court questions the legislation on which your claim is based, tell them that with regard to overpayments of child benefit and guardian’s allowance Section 71(10) of the Social Security Administration Act 1992 says:
“Any amount recoverable under the provisions mentioned in subsection (8) above
(a) if the person from whom it is recoverable resides in England and Wales and the county court so orders, shall be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.”
Go on to say that your application to the court is made under Part 70.5 of the Civil Procedure Rules.
Defendant becomes insolvent
Where you learn of a defendant’s insolvency following an order, in all cases:
- write to the court notifying that:
- the defendant is insolvent
- you do not intend taking further proceedings
- (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
Voluntary arrangements
In Individual Voluntary Arrangement cases, see the Insolvency Manual (INS) at INS3309.