The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 83 REOPENING OF AGREEMENTS UNDER THE CONSUMER CREDIT ACT 1974

Interpretation

1.  In this Order a section referred to by number means the section so numbered in the Consumer Credit Act 1974(1).

[E.r. 1]

Notice to reopen agreement

2.—(1) Where in any such proceedings in the High Court as are mentioned in section 139(1)(b) the debtor or a surety desires to have a credit agreement reopened, he shall serve a notice to that effect on every other party to the proceedings and file a copy of the notice.

(2) If at the time of serving a notice under paragraph (1) the debtor or surety has not entered an appearance in the proceedings, the notice must specify an address for service as if it were a memorandum of appearance.

[E.r. 2]

No default judgment without leave

3.—(1) After a notice under rule 2 has been served in an action begun by writ, judgment in default of appearance or in default of defence shall not be entered except with the leave of the Court.

(2) An application for the grant of leave under paragraph (1) must be made by summons supported by affidavit, and, notwithstanding anything in Order 65, rule 9, the summons and a copy of the affidavit must be served on every other party to the proceedings.

(3) If the application is for leave to enter judgment in default of appearance, the summons shall not be issued until after the time limited for appearing.

[E.r. 3]

Court's powers on hearing of application

4.  On the hearing of an application under rule 3(2) or of any proceedings in which a notice under rule 2 has been filed, the Court may whether or not the debtor or surety has entered an appearance or appears at the hearing, exercise the powers of the Court under sections 137 to 140 and where, on an application under rule 3(2), the Court refuses leave to enter judgment on a claim or any part of a claim, it may make or give any such order or direction as it might have made or given if the application had been made an application under Order 14, rule 1, for judgment on the claim.

[E.r. 4]

(1)

1974 c. 39