N56

user1973

hi
i have a n56 form from the court which i have signed and not filled in all the information as i have attached a cover letter disputing the claim from the creditor
but the court has returned the n56 to myself asking me to fill in parts 1 to 9
do i have to complete this fully including income and expenditures ?
is this not needed and giving the information to the court to pass onto the creditor ?

was not even aware of the original ccj as sent to a old address which i had not even lived at for over 2 years.
but the 1st i knew of the ccj was AOE which they are applying for hence the N56
a sent a cover letter to the court with the n56 stating that the application was made unfairly and attached a notice pursuant part 7
i did not think i needed to fill in income and expenditure as im disputing the debt i also sent a copy of notice that i sent to the creditors solicitor
ive not heard back from the creditors solicitors in time limit stated but received the n56 back from the court asking to complete parts 1 to 9
if i complete this then will the court go ahead with the AOE or will the dispute put the application for the order back to the cca stage
i sent this notice letter etc to the court aswell

any help would be great

sourcrates

Hi,

You cant dispute a county court judgement once awarded.

All you can do, if you believe you have grounds to think it was granted inappropriately, is to apply for a set aside, but there is a cost for this of £255,00.

You need court form N244

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

All the N56 does is ask for income details for the AOE, it is not the correct form to apply for a set aside, or as you believed, to dispute the judgement.

National_Debtline

Hi

Sourcrates is right that you need to apply to set aside if you want to dispute the CCJ. You do need to complete the N56 at this point though, as failing to do so is considered to be contempt of court.

This factsheet has more information on attachment of earnings in the county court:
www.nationaldebtline.org/EW/factsheets/Pages/countycourtattachmentofearningsorders/attachmentofearningsorders.aspx#quicklink1

This factsheet covers setting aside a CCJ:
www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

James
@natdebtline