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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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. Form N316 has a para which includes the following:

Resolved Question:

Hello. Form N316 has a para which includes the following: The [claimant] [defendant] (‘the judgment creditor’) Do I leave it as is or do I strike out defendant?

Do guidance notes exist on how to complete N316?  Cant seem to find any.

Thanks Pete

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is Alex

Alex Watts :

If you were Claimant in proceedings then you strike out Defendant.

Alex Watts :

If you were the Defendant and the costs were awarded FOR you then you strike out Claiamnt

Alex Watts :

Does that clarify?

Customer:

yes thanks.

Customer:

I can see that I can include additional interest. What about the cost of submitting the N316? Does that get added by the Courts further in the process?

Alex Watts :

£100

Alex Watts :

Yes it gets added to the costs.

Alex Watts :

Does that help?

Customer:

With regards ***** *****

The top of the Form says

Fee Account no. Appn. no.

Is this for Court Administration use ie I leave it blank?

Alex Watts :

Yes forget all that

Alex Watts :

Its admin

Customer:

The Judgement Debtors address. Is this the address as per the N1CPC? I believe that he resides at a different address and indeed it is this different address that is likely to be the one that he will be found at in order to serve him form N316

Alex Watts :

You can amend the proceedings to reflect the new address

Customer:

There will be no conflict with doing this ... sorry to question.

Alex Watts :

No. Proceedings can be amended at any time but I would just include a covering letter to the Court explaining the new address

Customer:

As long as the N316 is served to the defendant in person I presume his actual place of residence is not important?

Alex Watts :

Correct.

Customer:

Judgement order given on ……. Is this the date the Court wrote to the claimant giving judgement in their favour or is this the date the claimant subsequently completed form N225?

Alex Watts :

The date the Judgment was given.

Alex Watts :

It may not be the date the order was drawn up.

Alex Watts :

The date is usually at the bottom of the order

Customer:

Is that form N225?

Alex Watts :

That is the request for Judgment. You need the actual Court order Ordering D to pay

Customer:

would I normally get a copy of this from the Court or is this something I need to request?

Alex Watts :

Yes you would get a copy of the Court Judgment.

Customer:

don't seem to have this. I advised the court that I completed N225 for Both D1 and D2. I know that D2 (Ltd Company) has received the associated CCJ as I have checked on companies house. D1 (an individual) I just assumed that as D2 had it so to would D1.

Customer:

So I need to contact the Court for copies of the Court Order?

Alex Watts :

Yes or at least them to give you the date to put on the application to obtain information

Customer:

Finally ....

Customer:

Form N316 states…

The judgment or order required the judgment debtor to ……

I intend to insert …..

'ordered to pay the debt immediately'

as per form N225. Is that correct? Or will this be specified on the Court order?

Alex Watts :

Yes, immediately

Alex Watts :

Does that clarify?

Customer:

Yes thank you for your quick response. Peter

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