Monday, March 27, 2006

County Court Claim Form

If you have been sent a CLAIM FORM act as soon as possible. You have 14 days from receiving the claim to respond. Ignoring it or acting too slowly will more than likely result in a judgement against you and your credit rating being adversly affected.
The CLAIM FORM states how much the creditor is claiming, and the details of the claim. (Note These details can be sent separately up to a fortnight later) This form enables you to explain your side to the court.

RESPONDING TO A CLAIM IS FREE. THERE MAY BE A FEE FOR A COUNTERCLAIM.
IF YOU NEED HELP FILLING IN FORMS STAFF AT YOUR LOCAL COUNTY COURT WILL BE ABLE TO HELP. (LOOK IN THE YELLOW PAGES UNDER COURTS)

What Happens Next

Do not Ignore the Claim

By ignoring the claim, or missing the deadline, a judgement will be made against you, without your side being heard. This is a judgement by default. This will more than likely result in an immediate demand for the payment of the debt in full, plus costs. Your credit rating will also be affected.

Paying the Claim in Full:

a) Include court fees, costs and interest (if required) in the payment.

b) DO NOT SEND THE PAYMENT TO THE COURT. Send it to the claimant at the address shown on the claim form.

c) The claimant must receive payment within 14 days. (Note: Allow 2-3 days if posting. Do not send cash. Always ask for a receipt)

If you pay with 14 days, it's finished. There is no need to contact the court or fill in the forms.

I Need Time to Pay:

If you can't pay all the claim at once, you will need to pay in instalments.

a) Fill in the ADMISSION FORM N9A ( Make a copy).

b) Specify on the form you want to pay in instalments.

c) Specify the instalment amount. ( Make sure it is an amount you can afford).

d) Send the form to the claimant within fourteen days. Allow 2-3 days for posting.

They Are Claiming Too Much:

If you owe the claimant money but you think the claim is too much:

a) Return ADMISSION FORMS N9A and DEFENCE FORM N9B to the issuing court.

b) State on the forms the amount you think you owe and why the claimant is wrong.

c) Remember you only have 14 days to respond. Allow 2-3 days for posting.

I Don't Owe This Money:

If you think the claim is unjustified you can defend against the claim:
a) Return DEFENCE FORM N9B completed. (Make a copy)

b) Answer the allegations made.

c) Remember you only have fourteen days to respond. Allow 2-3 days for posting.

But They Owe Me Money:

Make a counterclaim by filling in the counterclaim section of the DEFENCE FORM. There may be a fee involved.

Where Can I Seek Advice:

Staff at your local County Court can help with queries and to complete response forms.
For general free advice you can contact the Community Legal Service on 0845 345 345 (9.00 am to 5.00pm, Monday to Friday). They can tell you if you can qualify for legal aid as well.
You can also obtain advice from your local Citizens Advice Bureau (CAB)

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