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A speedy response is vital if you have been issued with a claim through the County Court. You will be allowed 14 days in which to reply to the claim, not doing so within the timeframe or not responding at all will automatically incur a CCJ.
Remember, a CCJ makes finding credit very difficult and should be avoided at all costs.
So your creditor has issued a claim against you through the court and you accept the debt is yours to pay.
If you decide to pay in full, you must:
1) Include the court fees, costs and any interest
2) Send the payment directly to the claimant (at the address shown on the claim form)
3) Ensure the claimant receives your payment within 14 days
If you pay in full within the deadline you don’t need to contact the court or complete any more forms.
You pay the creditor who made the claim against you or a solicitor acting on their behalf.
If you are unable to pay your debts off in one payment you can ask for time to pay. To delay paying the entire court order, you’ll need to:
1) Complete the Admission form (N9A)
2) Declare how you want to pay (eg instalments)
3) Send the form directly to the claimant
4) Ensure the claimant receives your form within 14 days.
It’s also a good idea to keep a copy for yourself.
Making a part admission is when you agree to owing only a portion of the money cited by the creditor.
To make a part admission you should:
1) Return Admission forms N9A and N9B to the issuing court
2) Specify on the forms how much money you believe is due
3) Ensure the court receives the forms within 14 days
4) Either pay the amount you think you owe straight away, or
5) Request extra time to pay in instalments or by a certain date.
Some creditors may accept your part admission and relent on the rest of the debt, however, that depends on how much the remainer is and whether you can substantiate your claims.
If you want to defend against the claim you should:
1) Return a Defence Form N9B to the issuing court
2) Respond to creditor’s allegations in the particulars of claim
3) Ensure the court receives the form within 14 days
If your defence is complicated and you need more time to respond, you can fill in the Acknowledgment of Service Form (N9).
If you file an acknowledgment of service within 14 days, this will allow you an extra 14 days to complete the defence form.
If you think you are owed money by the claimant that could offset some, or all, of the claim, this is know as ‘making a counterclaim’.
The Defence Form has a counter claim section for you to complete in this instance.
You can respond to a claim with an admission or defence for free. If you include a counterclaim there may be a fee but court staff will be able to advise you on this and any other questions concering your court order.
