Statutory Rules of Northern Ireland

(a) in sub-paragraph (d), by replacing the full stop with a comma and adding the word "or"; and

(b) after sub-paragraph (d), by adding the following new sub-paragraph -


" (e) by the examination of witnesses orally by live television link, telephone or any other method of direct communication.".

    (2) Order 88 shall be amended as follows -

(a) for paragraph (a) of rule 3, there shall be substituted the following new paragraph -


" (a) where the mortgaged property is situated including its postal address (if any); and";



(b) for paragraph (1) of rule 4A, there shall be substituted the following new paragraph -

    " (1) Where the plaintiff -


(a) claims in a mortgage action delivery of possession of land which comprises or includes a dwelling house because of failure to pay monies secured by the mortgage; or

(b) applies for the removal or variation of a stay or suspension contained in an order for delivery of possession made as a result of such a claim in a mortgage action relating to such land,



he shall, when serving a copy of the notice of appointment or any summons (not being an originating summons) for such a claim or application also serve on the defendant a notice in Form No. 10A in Appendix A.";

(c) in paragraph (2) of rule 4A, there shall be deleted the words "or 10B, as the case may be,";

(d) for paragraph (3) of rule 5A, there shall be substituted the following new paragraph -

    " (3) In an action to which this rule applies -


(a) where the amount owing to a prior incumbrancer is unknown the plaintiff shall, not less than 4 clear days before the date fixed for the first hearing of the summons, serve upon that incumbrancer notice bearing the title and record number of the action and stating -


(i) the relief sought by the plaintiff in the action;

(ii) that the plaintiff is unaware of the amount (if any) owing to the prior incumbrancer and secured against the mortgaged property;

(iii) that the prior incumbrancer may apply to intervene in the proceedings if for any reason he thinks fit; and

(iv) the date, time and place fixed for the hearing;



(b) the court may direct an account to be taken of all incumbrances subsequent as well as prior to or contemporaneous with the plaintiff's demand and an inquiry as to their respective priorities and the court may make an order for delivery of possession conditional on the result of such an account and inquiry.".

• adjourn the proceedings for a time to enable you to make payment;

• make an order for possession but suspend it on terms as to payment;

• make an order for possession, but put a stay on it for a time to allow you to discharge the entire mortgage debt, normally by sale or remortgage of the premises;

• where an order for possession has already been made but the circumstances have since changed, vary the terms or stay execution of the order.

Under agreements regulated under the Consumer Credit Act 1974

Broadly if the court is satisfied that it is just to do so having regard to the means of the debtor and any surety and the interests of the creditor it may -

• make a time order (an order providing for the payment of any sum due under either a regulated agreement or a security for that agreement by such instalments payable at such times as the court considers reasonable);

• vary the terms of the regulated agreement or the mortgage or other security (for the purpose of a time order or any other order relating to a regulated agreement);

• suspend or make conditional (for the same purpose) the operation of any order relating to the regulated agreement.

What steps should you take if you want the Court to exercise such powers on the hearing of the plaintiff's claim?

You should immediately consider taking the following steps -

(a) consulting a solicitor or taking other advice (e.g., from Housing Rights Service or a branch of the Citizens Advice Bureau);

(b) preparing (or having your advisers prepare) a detailed written budget setting out your income and outgoings and indicating the resources available to discharge the relevant sum or sums - you should complete the form of budget attached to this Notice, or a similar form, and bring it with you to the hearing;

(c) working out carefully what you consider to be your best realistic proposal to address the relevant sum or sums;

(d) if you intend to sell the mortgaged premises but have not yet found a purchaser, bringing with you a letter from an estate agent establishing -


(i) that the premises are on the market;

(ii) the asking price and whether it is realistic in the light of comparable prices in the area;

(iii) the ease or difficulty envisaged in the sale;

(iv) whether offers have been received; and

(v) the agent's opinion as to the likely timescale for entering into a contract;



(e) attending the hearing where you should be in a position to provide -



(i) an explanation for the default;

(ii) details of your financial and other relevant circumstances;

(iii) your best realistic proposal;



(f) bringing to the hearing documents to vouch details of your circumstances (for example, your current prospective salary, employment prospects and/or state benefits) together with a completed budget form and, where appropriate, documents relating to your endeavours to sell the premises or obtain a new loan on the security of the premises.

Your attention is drawn to the notes appended to this Notice.

Dated the      day of      20    .

Solicitor for the Plaintiff

(Signed)

Notes

Details of the matters set out in paragraphs (b), (c), (d) and (e) should wherever possible be provided to the Court and to the Plaintiff's solicitor in advance of your attendance at the hearing, preferably by way of affidavit or affidavits exhibiting copies of all relevant documents and sworn by you or any other witnesses whose evidence you wish the Court to consider. Affidavits should be filed in the Chancery Office, Royal Courts of Justice, Chichester Street, Belfast BTI 3JF.

IF YOU DO NOT TAKE APPROPRIATE STEPS PURSUANT TO THIS NOTICE YOUR FAILURE TO DO SO IS AT YOUR OWN RISK

DATE OF HEARING:      CASE RECORD No.     

DATE FORM COMPLETED:

FINANCIAL STATEMENT/BUDGET FORM FOR COMPLETION IN ADVANCE OF HEARING OF MORTGAGE ACTION FOR POSSESSION OF RESIDENTIAL PROPERTY

	Weekly*	Monthly*
INCOME
Net Wages of Defendant 1
Net Wages of Defendant 2
Child Benefit
Other State Benefits (excluding any mortgage assistance) or Tax Credits (not already included in the above figures):
1.
2.
3.
Pensions
Contributions from other members of household
Maintenance
Mortgage assistance
Total weekly / monthly income
OUTGOINGS
1st Mortgage
2nd Mortgage
Rates
Rent
Insurance - house / contents
Insurance - life / endowment
Unsecured loan(s):
(1)
[date of expiry:     ]
(2)
[date of expiry:     ]
Childminding
Credit Card Payment
Credit Union Loan
[date of expiry:     ]

NB: ** All weekly figures for income or outgoings should be expressed also as monthly amounts.

	Weekly*	Monthly*
Maintenance
Food
Milk
Prescription Charges / Medicine
Landline Phone
Mobile Phone
Heating: oil / gas / coal / other fuel
Electricity
Car: Tax:
Insurance:
Maintenance:
Petrol / Diesel
Television / TV Licence
Bus / train / taxi
School fees
School lunches
Pocket money
Clothes
Catalogue
Pet Food / Veterinary fees
Toiletries / Nappies
Cigarettes
Alcohol
Hobbies
Sundries
TOTAL weekly / monthly outgoings
TOTAL Income
TOTAL Outgoings Including Mortgage
Surplus out of which to address arrears (But see note below)

NOTE - In addition to the above-mentioned details, the Court must be given details of the following which you must also consider when working out your best realistic proposal to address the default in mortgage payments -

(a) any source of income or assets not mentioned above;

(b) any debts or liabilities not mentioned above; and

(c) any change in circumstances (including any anticipated future change) which may affect your ability to make payments in respect of the plaintiff's mortgage.

* pending his trial

* pending the hearing of his appeal

upon such terms and conditions as the court may think just.


Case details⁽⁶⁾

Court Location and Date	Offences on which committed and/or detained	Scheduled/ non-scheduled/ Both(7)	Date and Court remanded to	Date of Committal and Court committed to

Name and Station of Police Officer in charge of the case ______________________________

Name(s) of co-accused (if any) ______________________________

Where application is made pending an appeal⁽⁸⁾

(a) Applicant is appealing against⁽⁵⁾:


     * conviction

     * sentence

     * conviction and sentence



(b) Sentence imposed ______________________________

(c) Court to which appeal lies ______________________________

(d) Date fixed for hearing (if known) ______________________________

The grounds on which this application is made are as follows⁽⁹⁾:

• include any postal address for the security in the description in the originating summons;

• reflect the requirement for notice to be sent in certain circumstances to prior mortgagees;

Appendix A to the principal Rules is amended by replacing Forms 10A and 10B with a new Form 10A: a single form of notice explaining to mortgagor defendants the procedures in residential property cases, should they wish to apply for time to address their obligations:

(i) under agreements which are regulated by the Consumer Credit Act 1970; and

(ii) under agreements which are not so regulated and to which the Court's powers under section 36 of the Administration of Justice Act 1970 and section 8 of the Administration of Justice Act 1973 are applicable.

The new Form 10A includes an explanation of the requirement for production of a letter from an estate agent by a defendant who is seeking time to find a purchaser and complete a sale of the mortgaged property. The new notice will also have attached to it a form of detailed written budget.

These Rules also substitute a new Form 38 (Notice of application to the High Court for bail) into Appendix A of the principal Rules to allow for information regarding readiness to proceed to be included in the notice of application.