Steps to File a Defence
1. Acknowledge the Claim
You must respond to the claim within 14 days of receiving it. Use the acknowledgment of service form provided (Form N9) or respond online via the Money Claim Online (MCOL) system.
Why Acknowledge?
o It extends the deadline to file your defence by 14 more days (giving you 28 days in total).
o It signals your intention to dispute the claim or seek further clarification.
Types of Court Claims
2. Assess the Claim
• Carefully read the Particulars of Claim provided by the claimant.
Identify whether you:
• Dispute the entire claim.
• Agree with some parts but dispute others.
• Admit the claim but need more time to pay.
3. Prepare Your Defence
• Draft a Clear Defence Statement:
o State why you disagree with the claim and provide factual reasons.
o Reference supporting evidence, such as contracts, receipts, emails, or other documentation.
Address Each Point: Respond to all allegations in the Particulars of Claim individually. You can:
o Deny the claim.
o Admit certain aspects.
o State you lack sufficient knowledge to respond to specific points (pending more information)
• Counterclaims:
o If applicable, file a counterclaim against the claimant if you believe they
owe you money or compensation.
4. Complete and Submit the Defence Form
Use Form N9B to file your defence, or submit it via the Money Claim Online system if the claim was issued online.
• Filing Deadlines:
-Without acknowledgment: 14 days from the date you received the claim.
-With acknowledgment: 28 days from the date you received the claim.
5. File Supporting Documents
Attach relevant documents that support your defence, such as:
• Contracts.
• Payment records or bank statements.
• Correspondence with the claimant.
• Any other evidence disproving the claim.
6. Submit the Defence to the Court
• If the claim was filed online, submit your defence via the MCOL portal.
• If the claim was issued by a County Court:
• Post the defence form and supporting documents to the court handling the case.
What Happens After Filing a Defence?
1. Acknowledgment from the Court:
The court will confirm receipt of your defence and share it with the claimant.
2. Claimant’s Response:
The claimant may:
• Accept your defence.
• Contest your defence and proceed with the case.
3. Case Allocation:
If the case proceeds, it will be allocated to a track:
Small Claims Track: For claims up to £10,000.
Fast Track: For claims between £10,000 and £25,000.
Multi-Track: For claims exceeding £25,000 or complex disputes.
Tips for Filing a Strong Defence
Be Honest: Always provide truthful and accurate information.
Be Clear and Concise: Avoid unnecessary detail and focus on relevant facts.
Meet Deadlines: Missing deadlines can lead to default judgment.
Organize Evidence: Present evidence in a logical, professional format.
Seek Legal Advice: If you’re unsure, consult a solicitor to ensure your defence is comprehensive.
If You Need More Time
Request an Extension: With the claimant’s consent, you can extend the deadline by up to 28 more days.
Apply to the Court: If the claimant does not agree, apply to the court for an extension.
How We Can Help?
At Acme Credit Consultants , Our debt advisors specialize in helping individuals and businesses defend against court claims. Our services include:
Reviewing the Claim: Assessing the validity of the claim and advising on your defence strategy.
Drafting a Defence: Ensuring your defence is clear, well-structured, and backed by evidence.
Representation: Providing expert representation in negotiations or court hearings.
Contact Us for Support
If you’re considering filing a court claim or need assistance managing the process, contact our legal experts today for tailored advice.
Call us now: 0208 568 9687
Email us: debt@cohmen.tech
Website: www.acmecredit.co.uk
Visit Us: Acme House, 136 High Street, West Drayton, Middlesex UB7 7BD