OpenLegislation

Division 6.1

United Kingdom

Original text. Later amendments are not shown.

I hereby lodge an application to have the Preservation Order (please tick the relevant box):

  1. ☐

    modified

  2. ☐

    revoked

on the grounds that (please tick the relevant box(es) below; where you are requesting the modification of the Preservation Order, please also indicate under the relevant box the particular modification requested):

  1. 6.1.1.

    the conditions or requirements for issuing the Preservation Order pursuant to Regulation (EU) No 655/2014 were not fulfilled, because:

    1. 6.1.1.1.
      1. ☐

        Regulation (EU) No 655/2014 is not applicable (Article 2). Please provide details:

    2. 6.1.1.2.
      1. ☐

        the case is not a cross-border case (Article 3). Please provide details:

    3. 6.1.1.3.
      1. ☐

        the court that issued the Preservation Order has no jurisdiction (Article 6). Please provide details:

    4. 6.1.1.4.
      1. ☐

        there is no urgent need for the Preservation Order because there is no risk that the subsequent enforcement of the creditor's claim against me will be impeded or made substantially more difficult (Article 7(1)). Please provide details:

    5. 6.1.1.5.
      1. ☐

        the creditor did not submit sufficient evidence to demonstrate that he is likely to succeed on the substance of his claim against me (Article 7(2)). Please provide details:

    6. 6.1.1.6.
      1. ☐

        the creditor has not initiated the proceedings on the substance of the matter within the deadlines indicated by the court (Article 10).

    7. 6.1.1.7.
      1. ☐

        the creditor should have been required to provide security or a higher security than the one ordered by the court (Article 12). Please provide details:

  2. 6.1.2.
    1. ☐

      the Preservation Order, the declaration concerning the preservation of funds, and/or the other documents referred to in Article 28(5) of Regulation (EU) No 655/2014, that is to say, the application for the Preservation Order submitted by the creditor to the court and copies of all documents submitted by the creditor to the court in order to obtain the order, were not served on me within 14 days of the preservation of my account or accounts.

      Please indicate an address to which the documents and translations can be sent:

      or, alternatively,

      1. ☐

        please indicate your agreement to collect those documents at the court of the Member State of origin by ticking the box.

  3. 6.1.3.
    1. ☐

      the documents served on me in accordance with Article 28 did not meet the language requirements set out in Regulation (EU) No 655/2014. In particular, Article 49(1) of the Regulation requires that the Preservation Order and the application for the Preservation Order submitted by the creditor to the court should be translated into the official language of the Member State in which the debtor is domiciled or another language that the debtor understands.

      If applicable, please indicate another language that you understand:

      Please indicate an address to which the documents and translations can be sent:

      or, alternatively,

      1. ☐

        please indicate your agreement to collect those documents at the court of the Member State of origin by ticking the box.

  4. 6.1.4.
    1. ☐

      preserved amounts exceeding the amount of the Preservation Order were not released in accordance with Article 27 of Regulation (EU) No 655/2014. Please provide details:

  5. 6.1.5.
    1. ☐

      the claim the enforcement of which the creditor was seeking to secure by means of the Preservation Order has been paid in full or in part. Please provide details:

  6. 6.1.6.
    1. ☐

      the judgment on the substance of the matter has dismissed the claim the enforcement of which the creditor was seeking to secure by means of the Preservation Order. Please provide details:

  7. 6.1.7.
    1. ☐

      the judgment on the substance of the matter, or the court settlement or authentic instrument, the enforcement of which the creditor was seeking to secure by means of the Preservation Order has been set aside or, as the case may be, annulled. Please provide details:

  8. 6.1.8.
    1. ☐

      the circumstances on the basis of which the Preservation Order was issued have changed. Please provide details:

  9. 6.1.9.
    1. ☐

      we (the debtor and the creditor) agreed to settle the claim. In this case, this form has to be signed by both the creditor and the debtor.