DMBM557930 - Debt and return pursuit: Child Benefit overpayments: enforcement: parties to the application

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The applicant

The party who starts an action is known as ‘the applicant’. Overpayments of child benefit must be applied for by ‘Commissioners for HM Revenue & Customs’. 

The respondent

The party against whom an application is made is known as ‘the respondent’.

Note: The terms ‘applicant’ and ‘respondent’ are used only on the initial application form (N322A) and thereafter all court forms use the terms ‘claimant’ and ‘defendant’. This is reflected in the text of this guidance.

Change of applicant

If, for any reason, you need to substitute another officer as applicant, the nominated officer should issue the following letter to the Court Manager.

'Case Number……………..'

Respondent’s name (enter full name)

Please note that I (enter full name) apply to be substituted as applicant in the above case in place of (enter full name).

I have notified the respondent.

I enclose an addressed envelope'.

When the court notifies you that the change has been made, issue the following letter to each defendant.

'Case Number…………….

……County Court

Please note that the above Court proceedings started by (enter full name) will be continued by me (enter full name)'.