County Court Rules (Northern Ireland) 1981

ORDER 30 Consumer Credit Act 1974

1.—(1) An application under section 139(1)(a) of the Consumer Credit Act 1974(1) (in this Order referred to as “the Act”) for the purpose of re-opening a credit agreement on the ground that it is extortionate shall be made by notice in Form 136.

(2) The applicant shall serve the notice of the application on the other party or parties to the agreement (who shall be the respondent or respondents to an application) and a copy of the notice on the chief clerk not less than twenty-eight days before the entry day for the sitting at which the application is to be heard.

(3) Upon receipt of the copy of the notice the chief clerk shall enter the application for hearing at the appropriate sitting of the court for the hearing of ordinary civil bills without the need for production of an entry sheet.

(4) The application shall be made to the court for the county division in which the applicant resides or, where he is not resident in Northern Ireland, for the county court division in which the respondent or one of the respondents resides.

2.—(1) Where in proceedings by ordinary civil bill, being proceedings such as are specified in section 139(1)(b) of the Act, a defendant desires to have a credit agreement re-opened he shall before entry day serve notice that he so desires on the chief clerk and on the plaintiffs solicitor or, where the plaintiff is suing in person, on the plaintiff.

(2) Paragraph (1) shall not apply where notice has been served under rule 17 of Order 12 and the action has been entered for hearing in accordance with that rule.

(1)

1974 c. 39