Form N294 UK: Claimant's Variation Order Application

At a glance

• What it does: lets a claimant (judgment creditor) ask the county court to vary how a judgment debt is paid — a later date, instalments, or smaller instalments — without changing the amount owed.
• Legal basis: CPR rule 40.9A(3), made under the county court's general instalment power in section 71 of the County Courts Act 1984.
• No hearing needed: N294 is the "without notice" route — a court officer can make the order on paper.
• What it can't do: ask for earlier payment or bigger instalments — that needs a separate on-notice application under CPR rule 40.9A(5), heard by a District Judge.
• Court fee: £16 (fee 2.7, "application to vary a judgment or suspend enforcement", HMCTS civil court fees schedule EX50A, in force from July 2026 — always check the current rate).
• The debtor's mirror form: Form N245, made under CPR rule 40.9A(8).
• The 6-year rule: if no payment has been made under the judgment for 6 years before you apply, the court officer must refer the application to a District Judge instead of dealing with it on paper.

What Form N294 is for

Form N294 — "Claimant's application for a variation order (without hearing)" — is the county court form a claimant uses to ask the court to change the payment terms of a judgment or order they have already obtained. It does not reopen the judgment itself and it does not change how much is owed. What it changes is the mechanics of repayment.

In practice, claimants tend to use it in two situations: the defendant has defaulted on a lump-sum order but has shown some ability to pay in smaller amounts over time, or an existing instalment order is no longer being kept to and needs to be reduced to something the defendant can realistically sustain. In both cases the aim is the same — turning a stalled judgment into a payment schedule that has a better chance of actually being honoured.

The legal basis: CPR rule 40.9A

The power behind N294 sits in CPR rule 40.9A, inserted into the Civil Procedure Rules from 6 April 2014. The rule gives both the creditor (the party owed money) and the debtor a route to apply for "a variation in the date or rate of payment" of a county court judgment or order.

For the creditor specifically, rule 40.9A(3) allows an application in writing, without notice being served on any other party, for an order that money which is:

• payable in one sum, be paid at a later date, or by instalments; or
• already payable by instalments, be paid by the same or smaller instalments.

The court officer — not necessarily a judge — can make that order without a hearing, "subject to paragraph (4)". This is exactly why Form N294 carries the "(without hearing)" tag in its official title, and why the box on the form asks you to give your reason for the application rather than list procedural steps: the court officer is deciding the application on the papers alone.

Underlying all of this is the county court's general power to order payment by instalments in the first place, and to suspend enforcement where a party is unable to pay: section 71 of the County Courts Act 1984.

The 6-year referral rule

Rule 40.9A(4) adds a specific safeguard: if no payment has been made under the judgment or order for 6 years before the date of the application, the court officer must refer the application to the District Judge rather than deal with it administratively. If you're applying to vary a very old, dormant judgment, expect the process to take a little longer and be ready for the court to ask follow-up questions.

What N294 cannot do

The without-notice route in rule 40.9A(3) only ever moves things in the debtor's favour — a later date, instalments, or smaller instalments. If you as the claimant want the opposite — payment earlier than the judgment currently requires, or larger instalments — that is a different application under rule 40.9A(5), made in writing but on notice to the debtor. That application automatically transfers to the debtor's home court, and the court officer must fix a hearing date before a District Judge, giving both sides at least 8 days' notice. Form N294 does not cover that scenario; check with the court office for the correct route if that's what you need.

N294 vs N245: who applies, and why it matters

Rule 40.9A deliberately creates a mirror-image pair of forms — one for each side of the judgment.

| | Form N294 | Form N245 | |---|---|---| | Who applies | Claimant (creditor) | Defendant (debtor) | | CPR basis | Rule 40.9A(3) | Rule 40.9A(8) | | Direction of change | Later date / instalments / smaller instalments, in the debtor's favour | Later date / instalments / smaller instalments, based on the debtor's own means | | Notice to the other side | Not required to apply | Court sends the creditor a copy and gives 14 days to object | | Hearing | None, unless referred (e.g. the 6-year rule) | None initially; a hearing only follows if the creditor objects and either side later asks for reconsideration | | What it asks for | Judgment details, outstanding balance, reason for the application | A signed statement of the debtor's income, expenses, debts, and an offer of payment |

If both sides apply around the same time — for example, you file N294 to ask for smaller instalments while the defendant separately files N245 — the court will typically deal with both applications together, weighing the defendant's declared means against what you're asking for.

What information the form asks for

Form N294 is a single page. Before you start, have the following ready:

• The claim number, court name, and the full names and addresses of both claimant and defendant.
• The date of the original judgment or order, and how payment was ordered (in full by a set date, or by instalments of a stated amount).
• The outstanding debt and the amount remaining due. The form's own wording specifies that this figure should include any interest "where judgment was entered for £5,000 or more, or is in respect of a debt which attracts contractual or statutory interest for late payment" — quoted directly from the form, so check whether that threshold applies to your judgment before totalling the figure.
• Your reason for making the application, set out in the box provided — for example, that the defendant has defaulted, has proposed a different arrangement, or that enforcement would achieve nothing without a realistic schedule.
• The instalment amount and frequency you're asking the court to order (per month or per week).
• Your signature and the date.

The court fee

An application under CPR rule 40.9A falls within fee 2.7 on the HM Courts & Tribunals Service civil court fees schedule — described as "application to vary a judgment or suspend enforcement." As at the schedule in force from July 2026, that fee is £16. Court fees are reviewed periodically, so check the current EX50A schedule or the gov.uk civil court fees guidance before you file.

If you're on a low income or receive certain benefits, you may be able to get a full or partial fee remission — apply through the Help with Fees service at the same time as you file N294.

Step-by-step: completing and filing Form N294

1. Gather your judgment details. Pull together the original claim number, the date judgment was entered, and the exact wording of the payment order, plus up-to-date figures for what's still outstanding, including any interest that has accrued.
2. Complete the case identifiers. Fill in the court name, claim number, your name as claimant, and the defendant's full name and address exactly as they appear on the court file, so the court can match the application to the existing case.
3. Set out your reason for applying. Explain clearly why you're asking the court to vary the order — non-payment, a change in the defendant's circumstances, or an offer the defendant has made that you want formalised. Keep it factual.
4. Record the payment history and outstanding balance. State the date of the original judgment, how payment was ordered, the outstanding debt, and the amount remaining due (including interest where the form's threshold applies).
5. State the instalment terms you're asking for. Specify the amount and whether it's payable weekly or monthly.
6. Sign, pay the fee and file with the court. Sign and date the form, submit it to the county court that dealt with the original judgment, and pay the current fee (see above). Keep a copy in case you need to evidence your figures later.

Worked example: converting a stalled lump sum into instalments

Priya, a fictional claimant, obtained a County Court judgment for £4,200 against a defendant who was ordered to pay in full within 14 days. Six months on, nothing has been paid. Priya doesn't want to go straight to enforcement — she'd rather see steady payments than spend more on bailiff or third party debt order fees against someone who may have limited disposable income.

She completes Form N294, stating the claim number, the date of judgment, and that payment was ordered in one sum which has not been made. In the reason box she explains that the defendant has not responded to correspondence and that instalments give the best realistic chance of recovery. She asks the court to order payment of £70 per month. Because her application falls under rule 40.9A(3) — asking for instalments instead of a lump sum, which moves things in the defendant's favour — it can be dealt with by a court officer without a hearing. She pays the £16 fee and files the form at the court that entered judgment.

What happens after you apply

Once filed, a court officer reviews the application under rule 40.9A(3). If the 6-year rule doesn't apply, the officer can make the order without a hearing and it will be entered in the court's records; the defendant is then bound by the new terms. If the judgment has been dormant for 6 years or more, the application instead goes to a District Judge, who may ask for further information before deciding.

There's no fixed statutory deadline for making the application, but the general position under rule 40.9A is that either party can apply at any time a judgment for money remains unpaid. In practice, acting reasonably promptly after a default helps — interest can continue accruing on some judgments, and the longer an unpaid judgment sits, the harder recovery may become.

If the debtor still doesn't pay, or applies to vary in return

Two things can happen after your N294 is dealt with. First, the defendant may apply separately using Form N245 (rule 40.9A(8)) to propose their own terms based on a statement of means — the court will send you a copy and give you 14 days to object before deciding. Second, if the defendant breaches whatever order is now in place, you can move to enforcement: a warrant of control (bailiff action), a third party debt order against a bank account, a charging order against property, or an attachment of earnings order. Each of those has its own application, its own fee, and works best with different information about what the defendant owns or earns — see our guide on County Court Forms for the wider landscape of forms used at each stage of a claim.

This guide provides general information about Form N294 and the variation-of-payment process in the county courts of England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law and fees described were accurate as at August 2026 and are subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.