Joinder of parties
5.—(1) Where the debtor or any surety has not been served with a writ or originating summons commencing proceedings relating to a regulated agreement, the Court may, on an application which may be made ex parte and shall be grounded upon an affidavit, dispense with the requirement in section 141(5) (all parties to a regulated agreement and any surety to be parties to any proceedings).
(2) In proceedings relating to a regulated agreement where—
(a)the plaintiff was not one of the original parties to the agreement, and
(b)the former creditor’s rights and duties under the agreement have passed to the plaintiff by operation of law or assignment,
the requirement in section 141(5) shall not apply to the former creditor, unless the Court shall otherwise direct.
(3) Notice of an application under paragraph (1) shall be served on such person as the Court may direct.
(4) This rule shall apply without prejudice to Order 15.