Page:UKSI1964 (Part 3- Section 1).pdf/1337

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4478
COUNTY COURTS

(b) After sub-paragraph (i) there shall be inserted the following sub-paragraph:—

"(ii)the place where the agreement was signed by the hirer;".

(c) Sub-paragraphs (ii), (iii), (iv) and (v) shall be re-numbered (iii), (iv), (v) and (vi) respectively and after the last-mentioned sub paragraph there shall be inserted the following sub-paragraph:

"(viii)whether a notice of default within the meaning of section 15 of the Hire Purchase Act 19641964 c. 53. has been served on the hirer and, if it has, the date on which it was so served;".

(d) Sub-paragraphs (vi), (vii) and ( viii) shall be re-numbered (viii), (ix) and (x) respectively and in the last-mentioned sub-paragraph for the words "paragraph (vii)" there shall be substituted the words "sub paragraph (ix)".

(2) In paragraph (2) of Rule 7A for the words from "Where a plaintiff" to “ delivery of goods” there shall be substituted the words Where a plaintiff's claim arises out of a hire - purchase agreement but is not for the delivery of goods ".

(3) In paragraph (2)(b) of Rule 9 for the words "and order" to the end there shall be substituted the words and direct that the action shall be dismissed, or that anything in the particulars of claim of which further particulars have been ordered shall be struck out, unless the order is obeyed within such time as the court may allow".

5. In paragraph (8) of Rule 4 of Order 9 for the words from that "to the end there shall be substituted the words "that the defendant shall be debarred from defending altogether, or that anything in the defence of which further particulars have been ordered shall be struck out, unless the order is obeyed within such time as the court may allow”.

6. In paragraph (2) of Rule 3 of Order 13 for the word "direct" there shall be substituted the word "order" and for the words "order that" to the end there shall be substituted the words "direct that the action shall be dismissed or, as the case may be, the defendant shall be debarred from defending altogether, or that anything in any pleading of which particulars have been ordered shall be struck out, unless the order is obeyed within such time as the court may allow".

7. Paragraph (2) of Rule 6 of Order 16 shall be amended as follows:—

(1) The words "or Form 299, whichever is applicable" shall be omitted.

7. For the marginal note "Forms 90, 299" there shall be substituted the marginal note " Form 90".

8. Rule 48 of Order 25 shall be amended as follows:—

9. In paragraph (3), sub-paragraph (c) shall be omitted and sub-paragraph (d) shall stand as sub-paragraph (c).

9. (2) In paragraph (4) for the words from "When the proceedings" to "Rule 33 of this Order "there shall be substituted the following words:—

"When the proceedings have been transferred to the other court—

(a) the registrar of that other court shall give to the judgment creditor and the judgment debtor notice of the transfer in Form 90AForm 90a;

(b) payments under the judgment or order shall be made into that court, and

(c) subject to Rule 33 of this Order"