SDT Code of practice

County Court Business Centre - SDT Code of Practice - Index

SectionSub-sectionContentsPage#
1 Introduction3
2 Role of the County Court Business Centre (CCBC)3
3 Authority to issue through the Centre4
4 Use of Secure Data Transfer4
5 Use of CCBC Facilities4
55.1Claim issue4
55.2Separate particulars of claim5
55.3Claim not served and subsequent service5
55.4Extension of time for service of the claim5
55.5Judgments6
55.6Determinations (pre-judgment)6
55.7Cases Paid in Full, Settled or Discontinued6
55.8Acknowledgement of service7
55.9Defence and counterclaim7
55.10Application for Summary Judgment8
55.11Part admissions9
55.12Transfer of case records to county court hearing centres10
55.13Application to set aside judgment11
55.14Application to vary an instalment order & determinations (post judgment)11
55.15Warrants of control12
55.16Reissue warrants of control12
55.17Certificates of judgment and Writs of Control13
Anx A List of Court Codes to be used when requesting transfer14
Anx B Draft Order Format19

1. Introduction

1.1 This document sets out the code of practice for claimants wishing to issue their claims
through the CCBC. This code will be reviewed periodically and any amendments will be
brought to the attention of claimants currently using the CCBC.

1.2 The work at the CCBC is issued in the name of the County Court Business Centre and
comes under the jurisdiction of the judges of that court.

1.3 This document should be read in conjunction with Civil Procedure Rule 7.10 and the
accompanying Practice Direction (7C).

1.4 Throughout this document, the claimant or representative will be referred to as the
Centre User.

2. The role of the County Court Business Centre

2.1 The purpose of the CCBC is to provide a speedy service to court users and, at the
same time, to relieve county courts of the routine, repetitive tasks associated with the
processing of large volumes of specified amount claims in the areas of:
2.2 The role of the CCBC is confined to the following areas of case progression: 2.3 Where any case processed through the CCBC diverges from the above pattern, the
administration of the case will be transferred to the appropriate county court hearing
centre for action.

2.4 The Centre User shall correspond directly with the appropriate county court hearing
centre once the action has been transferred. The claim number will remain unchanged.

3. Authority to issue through the Centre

3.1 Any claimant wishing to make use of the CCBC shall be an authorised user under CPR
Rule 7.10.

3.2 The Centre User must use the Secure Data Transfer system (SDT) to issue their claims.

3.3 The Centre User shall give the CCBC reasonable notice of any occasion on which they
desire to issue more than 3,000 claims on one day. The Customer Insight team will
liaise with the Centreís correspondence team, and the Centre reserves the right to
suggest alternative claim issue dates if necessary.

4. Use of Secure Data Transfer

4.1 The Centre User shall submit the following within an XML submission: 4.2 Manual requests of the types detailed above can only be submitted in exceptional
circumstances with the agreement of the Centre Manager.

5. Use of CCBC Facilities

5.1 Claim issue

5.1.1 A copy of the claim pack will be served on the defendant by first class post. The claim
will be deemed served on the defendant on the fifth day after issue, regardless of
whether that is a Saturday or Sunday. A copy of the claim form will not be retained on
file by the Centre. The particulars of claim will be retained on the CCBC computer
system.

5.1.2 Centre Users may include in their particulars of claim a statement offering Welsh
translation of documents.

5.2 Separate particulars of claim

5.2.1 The Centre User may, subject to paragraph 5.2.2 serve particulars of claim separately
to the claim form. The Centre User must:
a) state that the particulars of claim will follow; and
b) include a brief summary of the claim in the claim form.

5.2.2 Where the Centre User serves the particulars of claim separately to the claim form, the
Centre User must:
a) serve the particulars of claim within 14 days after service of the claim form [see
CPR rule 7.4.(1) (b)];
b) within 14 days of service of the particulars of claim, file a certificate of service for
these at CCBC; and
c) file the particulars of claim at the court to which the proceedings are transferred
for hearing within 7 days of service of the notice of transfer. The particulars must
not, as a matter of course, be filed at the CCBC unless there is a specific
request.

5.3 Claim not served and subsequent service

5.3.1 All claims returned to the CCBC via Royal Mail shall be forwarded to the Centre User. It
will be assumed that the claim has been properly served unless the Centre User informs
the CCBC. Where the Centre User has a new address for service, the Centre User shall
amend and return the claim form to the CCBC for button sealing. The CCBC will return
the claim form to the Centre User to serve and file a Certificate of Service with the
CCBC.

5.4 Extension of time for service of the claim

5.4.1 The Centre User shall apply to extend the time for service in line with CPR 7.6. The
Centre User must give reasons why the claim has not been served and efforts made to
trace the defendant. Failure to do so may result in the application being refused.

5.4.2 The CCBC shall notify the Centre User of the result of their applications.

5.5 Judgments

5.5.1 The CCBC shall arrange for the production and despatch of those judgments submitted
via SDT by the Centre User. Judgments shall be despatched to the defendant only.
The Centre User can request a sealed copy of the Judgment order if required,
preferably by email.

5.5.2 Where a Tomlin order is in force and the defendant has defaulted under the terms of the
order, the Centre User may submit a request for judgment by admission.

5.6 Determinations (pre-judgment)

5.6.1 The Centre User shall provide a copy of the defendantís reply to the claim in form N9A
and a completed form N225 or N225A as appropriate.

5.6.2 The Centre User should apply The Determination of Means Guidelines for court staff
(available on request) to the defendantís admission.

5.6.3 The Centre User shall provide a copy of the calculation using the determination
calculator form (available from the CCBC), 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 defendantís ďhomeĒ county court hearing centre (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.

5.7 Cases Paid in Full, Settled or Discontinued

5.7.1 The Centre User shall submit details of all cases paid in full to the Centre but must not
inform the CCBC until any payment by cheque has been cleared. The Centre User shall
submit all requests by XML

5.7.2 When advised of payment in full, the CCBC shall notify Registry Trust of cases that are
cancelled or satisfied, as appropriate.

5.7.3 The Centre User shall notify the executing court and not the CCBC of any payments
made directly to himself by the defendant, where there is a live warrant.

5.8 Acknowledgment of service

5.8.1 Where the defendant or his solicitor files an Acknowledgment of Service within 14 days
after service of the claim (or where judgment by default has not already been entered,
up to a maximum of 28 days after service) the CCBC will accept and enter this to the
court record.

5.8.2 Where an Acknowledgment of Service is filed by letter or email the CCBC will then send
the Acknowledgment of Service directly to the CCBC User.

5.8.3 Where an Acknowledgment of Service is filed online the CCBC will send a schedule to
the CCBC user which details the responses filed that day.

5.9 Defence and counterclaim

5.9.1 The CCBC shall treat all defences as a ďstates paidĒ.

5.9.2 The CCBC shall enter a defence onto the system. Where a defence was filed via letter
or email the CCBC shall then serve a copy of the defence on the Centre User, together
with a notice in schedule format. Where a defence is filed online the CCBC shall serve a
schedule on the user. The user can then access the defence via Money Claim Online.

5.9.3 Where the centre user believes there has been a clear staff error in the processing of a
defendantís response, the Centre User shall write in requesting for this to be reviewed.
The CCBC Team Leader will only review and reclassify a defence if it contains a clear
admission to the claim, the Team Leader will not interpret the contents of a defence
without a clear statement of admission. Where the CCBC Team Leader does not
approve the request to reclassify the response, the Centre User may apply to strike out
the defence with an application and fee, resulting in the file being referred to a District
Judge. Alternatively the Centre User may send in an intention to proceed.

5.9.4 Where the Centre User wishes to continue with the claim, he must respond to the court
within 28 days after service of the defence on him: failure to do so within the time limit
will result in the claim being stayed. Any application to remove the stay is Ďwithout
noticeí with the appropriate fee and the application will be referred to a District Judge.

5.9.5 Where a claim has been defended, the claimant has 28 days from service of the defence
to confirm that the claim should continue. The CCBC will then send a notice to all
parties giving a date to which the Directions Questionnaire should be filed with the
CCBC.

5.9.6 The Centre User shall produce a Directions Questionnaire to be returned to the CCBC.
The Centre User shall identify the appropriate county court hearing centre to transfer
the claim to on the Directions Questionnaire as follows:
5.9.7 Where the case has been provisionally allocated to the small claims track and both
parties have ticked to confirm they would like to be considered for mediation, this will
then be referred to the Small Claims Mediation Team. Where a case cannot be resolved
through mediation the CCBC will send a Notice of Transfer to all parties.

5.9.8 Where the Centre User wishes to enter judgment on acceptance of the defendantís
revised offer (following withdrawal of the defence) the Centre User must provide the
CCBC with a copy of the defendantís consent. The CCBC will remove the bar and the
judgment request can then be included in the next XML submission.

5.9.9 Where the defendant files a defence and counterclaim, and has paid the fee, the CCBC
will transfer the administration of the claim to the appropriate county court hearing
centre.

5.10 Application for Summary Judgment

5.10.1 All applications for Summary Judgment result in the claim being transferred to the
appropriate county court hearing centre (see 5.9.6).

5.10.2 Where the application for Summary Judgment is made following receipt of an
Acknowledgment of Service, the Centre will account for the application fee and
transfer the application to the appropriate county court hearing centre. There is no
Directions Questionnaire generated at this point. Should the defendant file a defence at
the Centre after the case has been transferred, the Centre will forward this to the
appropriate hearing centre.

5.10.3 Where the application for Summary Judgment is made following receipt of a defence,
the Centre will still account for the application fee and transfer the claim.

5.11 Part admissions

5.11.1 The CCBC shall enter a valid part admission to the system. Where a part admission
was filed via letter or email the CCBC shall then serve a copy of the part admission on
the Centre User, together with a notice in schedule format. Where a part admission is
filed online the CCBC shall serve a schedule on the user. The user can then access the
part admission via Money Claim Online.

5.11.2 Where the centre user believes there has been a clear staff error in the processing of a
defendantís response the Centre User shall write in requesting for this to be reviewed.
The Team Leader will not consider any requests to reclassify a Part Admission to a Full
Admission where a) the defendant has only admitted to part of the debt and offered no
defence to the rest or b) the defendant has not admitted the costs or interest. As per
CPR 14.5 (9) the claimant may enter judgment for the amount admitted plus costs (if no
defence to the costs have been stated). Where the CCBC Team Leader does not
approve the request to reclassify the response, the Centre User may apply to strike out
the Part Admission with an application and fee, resulting in the file being referred to a
District Judge. Alternatively the Centre User may send in an intention to proceed.

5.11.3 The Centre User should respond to the court within 14 days after service of the part
admission on him. Where the Centre User fails to reply within the time allowed, the
claim is stayed until the Centre User requests judgment by acceptance or files a notice
that they wish to proceed with the claim. No application or fee is necessary where a
part admission is filed. The CCBC will then send a notice to all parties giving a date to
which the Directions Questionnaire should be filed with the CCBC.

5.11.4 The Centre User shall produce a Directions Questionnaire to be returned to the CCBC.
The Centre User shall identify the appropriate county court hearing centre to transfer
the claim to on the Directions Questionnaire as follows:
5.11.5 Where the case has been provisionally allocated to the small claims track and both
parties have ticked to confirm they would like to be considered for mediation, this will
then be referred to the Small Claims Mediation Service. Where a case cannot be
resolved through mediation the CCBC will send a Notice of Transfer to all parties.

5.11.6 Where the Centre User wishes to accept the part admission, judgment can be
requested by XML.

5.11.7 Where the Centre User wishes to enter judgment on acceptance of the defendantís
revised offer (following admission of the remainder of the claim) the Centre User must
provide the CCBC with a copy of the defendantís consent. The CCBC will remove the
bar and the judgment request can then be included in the next XML submission.

5.12 Transfer of case records to county court hearing centres

5.12.1 The transfer of records from the CCBC to county court hearing centres falls into two
categories: pre and post judgment.

5.12.2 The Centre User shall request transfer of a claim by letter or email, stating the reason
for transfer.

5.12.3 The Centre User must identify the appropriate county court hearing centre and county
court location code in the request.

5.12.4 The CCBC recommend that multiple requests are submitted in schedule form and sent
via email. If submitting in schedule form, the Centre User shall submit the requests for
transfer in case number order.

5.12.5 The Centre user shall submit all requests for enforcement to the relevant County Court
hearing centre except those which can be dealt with at the CCBC. Requests for
transfer should not be submitted to the CCBC in these instances.

5.12.6 The CCBC shall automatically transfer the record to the appropriate county court
hearing centre on receipt of an application to set aside judgment (see 5.13.2), other
application to be heard on notice or a request to issue part 20 proceedings submitted by
the defendant. The CCBC shall despatch a notice of transfer to the Centre User and
defendant.

5.12.7 The CCBC shall return any invalid requests to transfer to the Centre User, indicating the
reason for rejection (e.g. the case has already been transferred).

5.12.8 The CCBC shall send the data electronically to the county court hearing centre. Any
relevant documents will be sent by post. A copy of the file will not be retained by the
CCBC.

5.13 Application to set aside judgment

5.13.1 An application to set aside the judgment may be filed by the Centre User, the defendant
or both (by consent).

5.13.2 The CCBC shall automatically transfer the administration of the case to the defendantís
local county court hearing centre on receipt of an application submitted by the
defendant (see 5.12.6).

5.13.3 The Centre User shall submit applications to set aside judgment in triplicate in the form
of a proposed order (see annex B). All applications shall contain grounds. The CCBC
shall notify the Centre User of the result of all his applications.

Note: Applications should contain legitimate grounds and should not simply serve to
remove the defendantís name from the Register of Judgments, Orders and Fines.
Such applications will not be granted and will be referred to the district judge.


5.13.4 The CCBC shall notify Registry Trust Limited of all judgments set aside requesting that
the entry be cancelled.

5.14 Application to vary an instalment order and Determinations (post judgment)

5.14.1 The CCBC shall forward a copy of the defendantís application to the Centre User.

5.14.2 The Centre User shall reply within 14 days of service if the offer is not acceptable, using
a determination of means calculator (available from the CCBC).

5.14.3 The Centre User shall be requested to apply the Departmentís determination of means
guidelines (available on request) to the defendantís application.

5.14.4 The Centre User shall provide a completed determination calculator form (available
from the CCBC), when requesting the court officer to fix the rate of payment.

5.14.5 The CCBC shall manually produce a form N35A (variation order [determination]) and
despatch to each party.

5.14.6 Any application to the District Judge for reconsideration shall result in the claim being
transferred to the appropriate local county court hearing centre (see 5.12).

5.14.7 Where the Centre User has not lodged an objection to the defendantís application, the
CCBC shall produce form N35 (variation of an instalment order) 16 days after receipt of
the defendantís application.

5.14.8 The Centre User shall use form N294 when making an application to decrease the
amount of the instalment order.

5.14.9 Where the Centre User is applying to increase the amount of the instalment order, the
CCBC shall, after accounting for the appropriate fee, transfer the action to the
defendantís local county court hearing centre (see 5.12).

5.15 Warrants of control

5.15.1 The Centre User shall submit all requests for warrants of control by XML.

5.15.2 The Centre User shall send all correspondence on live warrants, including notification of
any payments received direct, to the executing county court hearing centre and not to
the CCBC.
The Centre User shall quote in all correspondence the date of issue, claim
number, warrant number and the defendantís address.

5.16 Reissue of warrants of control

5.16.1 The Centre User shall submit requests to reissue warrants of control on form N445 to
the County Court Hearing Centre responsible for executing the warrant. The Centre
User shall identify the defendantís ďhomeĒ county court hearing centre and the county
court location code in the request form. There is no fee to reissue a CCBC warrant.

5.16.2 A new warrant number will be provided following reissue.

5.17 Certificates of judgment and Writs of Control

5.17.1 The Centre User may apply to the CCBC for a Certificate of Judgment, by completing
form N293

5.17.2 The CCBC will check and seal the N293 and return the same to the Centre User.

5.17.3 Where the Centre User obtained judgment at CCBC and wishes to use Northampton
District Registry to issue a writ of control, the Centre User will submit all relevant forms
and the appropriate fee to CCBC.

Annex A

County Court Hearing Centre Codes

County Court Hearing CentreCode
Aberystwyth102
Accrington103
Aldershot & Farnham104
Altrincham106
Aylesbury113
Banbury114
Barnet117
Barnsley118
Barnstaple119
Barrow in Furness120
Basildon153
Basingstoke122
Bath123
Bedford124
Birkenhead126
Birmingham127
Blackburn130
Blackpool131
Blackwood132
Bodmin136
Bolton137
Boston138
Bournemouth and Poole139
Bow140
Bradford141
Brecknock143
Brentford144
Bridgend146
Brighton150
Bristol151
Bromley152
Burnley154
Bury156
Bury St. Edmunds157
Buxton158
Caernarfon159
Cambridge162
Canterbury163
Cardiff164
Carlisle165
Carmarthen166
Central London372
Chelmsford167
Chester170
Chesterfield171
Chichester172
Chippenham & Trowbridge353
Clerkenwell & Shoreditch321
Colchester176
Conwy & Colwyn178
Coventry180
Crewe181
Croydon182
Darlington183
Dartford184
Derby185
Doncaster187
Dudley189
Durham190
Eastbourne191
Edmonton194
Exeter198
Gateshead202
Gloucester and Cheltenham203
Great Grimsby208
Guildford211
Halifax212
Hammersmith368
Harrogate214
Hartlepool215
Hastings216
Haverfordwest217
Hereford220
Hertford221
High Wycombe223
Horsham227
Huddersfield228
Ipswich233
Kendal235
Kettering236
Kings Lynn238
Kingston Upon Hull239
Kingston Upon Thames240
Lambeth241
Lancaster242
Leeds243
Leicester244
Lewes247
Lincoln249
Liverpool251
Llanelli253
Llangefni254
Luton258
Macclesfield260
Maidstone261
Manchester262
Mansfield263
Mayors & City of London266
Medway267
Merthyr Tydfil269
Middlesbrough270
Milton Keynes388
Mold271
Morpeth273
Newcastle upon Tyne278
Newport (Gwent)280
Newport (IOW)279
Neath & Port Talbot274
North Shields283
Northampton282
Norwich285
Nottingham286
Nuneaton287
Oldham288
Oxford291
Peterborough294
Plymouth296
Pontypridd299
Portsmouth302
Preston303
Reading305
Reigate307
Rhyl308
Romford387
Rotherham310
Salisbury317
Scarborough318
Scunthorpe319
Sheffield320
Skipton325
Slough327
South Shields331
Southampton328
Southend329
St. Albans313
St. Helens315
Stafford333
Staines334
Stockport336
Stoke on Trent338
Sunderland343
Swansea344
Swindon345
Tameside112
Taunton347
Telford364
Thanet348
Torquay & Newton Abbot352
Truro354
Tunbridge Wells355
Uxbridge356
Wakefield357
Walsall358
Wandsworth359
Warrington360
Warwick361
Watford362
Welshpool366
West Cumbria373
Weston Super Mare370
Weymouth371
Wigan374
Willesden375
Winchester376
Wolverhampton378
Woolwich379
Worcester380
Worthing383
Wrexham384
Yeovil385
York386

Annex B

Request/order set aside judgment

County Court Business Centre

Between The Claimant PLC Case Number XXXXXXX

and Mr Defendant
The House
The Street
The Town
The County
The Postcode

Before an Officer of the Court

<please give grounds for application here>

IT IS ORDERED THAT
  1. The Judgment entered herein on the (date) be and is hereby set aside
  2. The registration entry be and is hereby cancelled
  3. There be no order as to costs
Dated

The court office at
21-27 St Katharineís Street,
Northampton
NN1 2LH
Open from Monday to Friday 10am to 4pm.