County Court Act 1984
Debtor makes application by completing form at Court Office maximum debt £5000
Notice sent to each creditor listed on form
Creditor can make written objection. If no objections District Judge will make the order without calling a hearing. If objections, then hearing will be notified to all parties
At the hearing Judge will hear objections- order may be refused or granted.
CC,NDR & CTAX can be included in debtors application. Once order made each creditor notified of amount included. Amounts are only recoverable through the order
There is a need for apportionment for future debts - Post judgement debts not covered by order
Debts & payments administered by Court Office not OR and are rarely monitored. The LA should monitor closely
The LA may object for future Orders on grounds of non payment and request to rescind order which is a court decision
Preston Borough Council v Riley & Another
Court of Appeal - Poll Tax debt
Preston County Council had excluded debt from Administration. Order made on Mr Rileys declaration. This would have allowed Preston BC to enforce the debt despite the order covering other debts. Mr Riley appealed to Appeal Court who found in his favour
Judgement stated that Poll Tax & therefore NDR & Council Tax could be included in an Administration Order by the County Court. This order means that although the council can object to the inclusion of the debts in an order from now on it cannot on the grounds that statutory debts are solely recoverable through Magistrates Court
