Terms & Conditions

[Anonymous]

Just as I thought I was getting to grips with overpayment court procedures, I have another question.

What is the upper limit on us using the N322a ‘small claims fast-track’ procedure to enforce overpayment recovery in the county court?

From looking at the HM Courts website, I can’t work out if it is £5,000 or £15,000.

Am I also right in thinking that if it is over these amounts (whichever is the correct one) we use the N1 form instead, and this may mean we need to attend court?

Many thanks

[peterdelamothe]

The upper limit is £15k – £5k in the small claims (where legal costs are not normally allowed).

Basically, there are three “tracks” – you are ok to use the County Court up to £15k. Above that level you cannot use this procedure at all UNLESS the debtor agrees. Instead you have to sue in the High Court.

[Anonymous]

Thanks Peter. One idea, to avoid sueing in the High Court.

If the overpayment was, for example, £17,000, could we use the county court to recover just £15,000, and then look at writing off the remaining £2,000?

[Author]

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