Form N440 UK: Time Order Application Guide
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If you have fallen behind on payments under a regulated credit or hire agreement, Form N440 is the court form that lets you ask a judge for a Time Order. A Time Order is a remedy under the Consumer Credit Act 1974 that can give you breathing space by rescheduling arrears, adjusting monthly instalments and, in some circumstances, altering the interest rate.
It is most commonly used where a lender has threatened repossession under a hire-purchase or conditional sale agreement, or has issued a default notice. This page walks through what Form N440 does, who can apply, what information the court expects, and how the process usually unfolds in the County Court.
It is written for debtors and hirers who want to understand the form before speaking to someone about their options.
What this document is
Form N440 is the application notice used by a debtor or hirer to ask the court for a Time Order under sections 129 and 130 of the Consumer Credit Act 1974. A Time Order is a judicial remedy that allows the court to reschedule the way a regulated credit agreement is repaid.
In practice, this usually means extending the term, reducing the monthly payment, or setting a new schedule for clearing arrears. In certain cases involving hire-purchase, conditional sale or secured lending, the court can also consider whether the interest rate should be varied so that the new schedule is genuinely affordable.
A Time Order can only be made in respect of a regulated agreement under the Consumer Credit Act. It is not available for every type of debt, so the nature of the agreement matters. The form is lodged with the County Court, usually the court that deals with the lender's claim if proceedings are already underway, along with a fee and supporting information about your finances.
How to use this document
- Check the agreement qualifies. Time Orders are only available for regulated agreements under the Consumer Credit Act 1974. This typically covers personal loans, credit cards, hire-purchase and conditional sale agreements below the regulated threshold. Confirm the type of agreement you hold and whether a default notice has been served before proceeding.
- Gather your financial information. The court will want to see a realistic picture of your income, essential outgoings and existing debts. Prepare an income and expenditure statement, recent bank statements and copies of the credit agreement, default notice and any correspondence from the lender. These documents underpin the repayment proposal you will put forward.
- Complete Form N440 carefully. Fill in the agreement date and reference number, details of any guarantor or third-party surety, the outstanding balance, the arrears figure, and your proposed repayment terms. Include any other alleged breaches and the names and addresses of everyone who needs to be served, including the lender.
- File the application at court. Submit the completed Form N440, supporting evidence and the relevant court fee to the County Court hearing centre dealing with the matter. Check gov.uk for the current fee or ask about fee remission if you are on a low income or receive certain benefits.
- Attend the hearing. The court will usually list a hearing where the judge considers your proposal and hears from the lender. Bring your paperwork, be ready to explain your circumstances, and be realistic about what you can afford. If granted, the Time Order sets out the new payment terms you must then keep to.
Common questions
Q Who can apply for a Time Order using Form N440?
Any debtor or hirer under a regulated consumer credit or consumer hire agreement can apply. This includes borrowers on personal loans, credit cards, hire-purchase and conditional sale agreements that fall within the Consumer Credit Act 1974. You can apply whether or not the lender has already issued court proceedings, although the procedure differs slightly depending on the stage matters have reached.
Q When is the best time to apply for a Time Order?
Timing matters. Many people apply after receiving a default notice but before the lender takes enforcement action such as repossession. Applying early gives the court more options and shows you are trying to engage with the problem. If the lender has already issued a claim, you can still apply, often in response to that claim, but the window for negotiating terms may be narrower.
Q Can the court change the interest rate on my loan?
In some cases, yes. Where the agreement is a hire-purchase, conditional sale or secured loan, the court has power to vary the interest rate as part of making the new arrangement workable. For unsecured credit agreements the position is more limited, and the court will usually focus on rescheduling payments rather than changing the rate. The outcome depends on the type of agreement and the evidence.
Q What happens if the lender opposes my Time Order application?
Lenders often resist Time Order applications, particularly if they believe the arrears are unlikely to be cleared. The judge will weigh up both sides: your financial position, the history of the account, the lender's position, and whether the proposal is realistic. You should be prepared to explain why your figures are achievable and why a Time Order is preferable to enforcement.
Q Will a Time Order stop repossession of my car or goods?
A Time Order can protect goods under a hire-purchase or conditional sale agreement by setting affordable payments and suspending the lender's right to repossess, provided you keep to the order. If you miss the new payments, the lender can usually return to court to enforce the original agreement. So a Time Order is a lifeline, not a write-off of the debt.
Q Is there a court fee for filing Form N440?
Yes, a court fee applies when you lodge the application. The amount changes from time to time, so check gov.uk for the current figure before you file. If you are on a low income or receive certain benefits, you may be eligible for full or partial fee remission through the Help with Fees scheme. Apply for remission at the same time as filing the form.
Q Do I need a solicitor to apply for a Time Order?
No, you can apply as a litigant in person. Many people do. That said, the form requires you to set out a credible repayment proposal and to understand which powers the court has under the Consumer Credit Act. Speaking to an experienced legal adviser or a free debt advice service before you file can help you think through what to include and what to expect at the hearing.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm N440: Application for a Time Order by debtor or hirer (gov.uk)gov.uk
- LegislationConsumer Credit Act 1974legislation.gov.uk
- Guidance · UK GovHelp with Fees (court fee remission)gov.uk
- Guidance · UK GovDealing with debt: free advicegov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.