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What to do if you get a Claim Form

If you receive a Claim Form from a County Court through the post you need to respond rapidly. Ignoring court papers is a bad idea, even if you can’t possibly pay the money. If you agree you owe the money you will get a County Court Judgment (CCJ) but if you complete the Claim Form papers properly you will be able to make monthly payments and won’t get visits from bailiffs. If you don’t agree you owe the money, you need to defend the Claim.

Check this really is a court form

Some debt collectors write carefully worded letters designed to make you think  you are being taken to court! If you get one of these, read Threats of CCJs and bailiffs – are debt collectors bluffing?

A real N1 Court Form may be on white paper or on blue and white paper. It will have something like this at the top:

Blue N1 court form with HMCS logo

and a court stamp something like this:

In the same pack, you should have received all the following: N1 – Claim form; N9 – Response pack; N9A – Admission (specified amount);  N9B – Defence and counterclaim. There should be a court name (usually this is  Northampton County Court) and a claim number.

If you aren’t sure, you can phone the court to check or phone National Debtline on 0808 808 4000 and ask them.  National Debtline have an excellent section on their website about court action and CCJs.

If it is a real county court Claim Form, then check you are named as the Defendant on the form.  If you aren’t, follow the advice here about debt letters for other people coming to your house. NB if your name is slightly wrong (a typo? your maiden name?) you should treat this as though it is correctly addressed to you.

You should have received a Letter Before Claim about the debt. If you did and you ignored, it it is too late now to reply to that letter, you need to use the Response Pack which came with the Claim Form to reply. If you didn’t receive this letter, or it was a long while ago, contact National Debtline and ask for advice.

So the form is real and it’s addressed to you

First, don’t panic! Some worries you may have:

  • this is not a criminal matter – if the court decides you owe the money, you will get a County Court Judgment.  CCJs aren’t a criminal conviction and you can’t be sent to prison for not paying the types of debts (loans, credit cards etc) that lead to this type of court action.
  • if you respond to the court papers promptly as described in this article, you are not going to get bailiffs coming round to your house.

Do you agree you owe the money?

Often you know immediately which debt the form is referring to, but sometimes a debt may have been assigned to someone else – this is legal jargon for selling your debt.  The new owner of the debt is entitled to sue you for the money – you don’t have to have agreed to the debt being sold.  

If you don’t recognise the debt, call up the claimant and ask about it. You may feel nervous about being pressurised to agree to something, but make it clear you just want to know more details of the debt, then end the call when you get them. If you still don’t think the debt is your, you must reply to the Claim (unless the creditor tells you in writing that they are withdrawing the Claim. Over the phone is not good enough.)

If you recognise the debt, do you accept that you should pay the money? It’s not just whether you borrowed the money, what is important here is that the creditor can win the case. there is a lot of legal protection for consumers, especially for old debts. There could be many reasons for this, including:

  • the amount is wrong – perhaps you paid some money recently which hasn’t been taken into account;
  • you have already paid the debt off – possibly several years ago;
  • for credit cards (including store cards and catalogues) and loans (including HP and payday loans) the creditor has to be able to produce a copy of the written agreement for the debt. See National Debtline’s Getting information about a debt for details. That tells you how to ask for this information and you should do this asap, BUT ALSO reply to the Claim, see You need to reply quickly below for details;
  • the money was for some goods or services where there was something wrong and it’s not right that you should pay;
  • you have gone bankrupt and the debt should have been wiped out by that, or the debt was included in a DRO or an IVA;
  • the debt is statute-barred so the claimant can’t go to court about it because it is so old, see Questions about Statute-Barred Debt for more information;
  • the claimant owes you money. This means that you have a counterclaim against the claimant, which can be decided by the court at the same time as the claim against you.

How to dispute the debt

If you don’t recognise the debt or you don’t agree you owe the money or you have a counterclaim, you must complete the Defence Form (N9B). Unless you are very confident about this, I suggest that you should phone National Debtline and ask for their help.

Don’t worry if the court is listed as Northampton County Court – if there has to be a court hearing you can ask for this to be in your local County Court.

You need to send the Defence Form back within 14 days. If you would like more time to sort this out you should complete and send back the Acknowledgement of Service form ( N9CPC) within the 14 days and you then have 28 days from when you received the forms to return the Defence Form.

It is important that you put in your defence within the given time. If you don’t, the court will usually award a CCJ “in default” because you didn’t defend the case. You can apply to have this set aside, but the fee for this went up in March 2016 to £255.

What to do if you owe the money and can pay it all

If you can pay the full amount, then you should complete the Admission Form (N9A) but you don’t need to give details about your income and expenses. You should fill in:

  • the box which says How much of the claim do you admit
  • Section 1 Personal details
  • the box which says Section 11 Offer of Payment
  • Section 12 Declaration – sign and date this

and you should send the form back  within 14 days with your cheque. If you do this, you will not get a CCJ on your credit record. (This is not a reason to pay up and keep quiet if you have good grounds for disputing the debt. If you defend the case and lose, you still have the option then of paying the money in full within 30 days and the CCJ will then be removed from your record.)

What to do if you owe the money but need to pay in monthly instalments

Here you need to complete the Admission Form (N9A):

  • the box which says How much of the claim do you admit,
  • Off of monthly payment to CCJSection 1 Personal details
  • Section 2,3,4,5 about your family and financial situation
  • Section 6,7,8,9,10 about your income, expenditure and other debts (make sure that all your incomes and expenses are quoted as per month or per week, so that you can add them up)
  • the box which says Section 11 Offer of Payment
  • Section 12 Declaration – sign and date this

For more information about filling in this form see How much should I offer to a CCJ?

If the creditor accepts your offer, you will get a notice that you have a CCJ and should make the monthly payment that you have proposed.  If the creditor refuses your offer, it gets sent to the court to determine how much you should pay; this is usually done without a hearing. It is common for courts to accept your offer of payment, especially if you have taken advice about how much to offer and how to complete the form.

Where to send the forms

If you are defending the claim, send the forms to the court. If you admit the claim, send the forms to the Address for sending documents on the N1 Claim form. In either case, take a copy of the forms and send them recorded delivery.

You need to reply quickly!

The time limits for replying are strict. If you don’t reply in time, you don’t get another chance, there won’t be a court case even if you have asked the creditor for more information and they haven’t replied. What happens is you get a CCJ “in default” because the rules assume that you will only not reply if you owed the money.

You only have 14 days to reply. But if you complete the Acknowledgement of Service section at any point within the 14 days, the 14 days is changed to 28 days. So do this as soon as possible, there is no downside to doing this at all.

Time for a rethink?

If you have been avoiding tackling a larger debt situation then getting these court papers is a warning that you should have a rethink.  Read up about possible debt options here first, try to list all your debts and have a first stab at doing a budget, then ring National Debtline or go to your local CAB.

If you are in a DMP, then it might also be wise to think if it is going well. Is your debt dropping? How long will the DMP last? If the debt is large and you have equity in your house, it is possible the creditor is using a CCJ as the first step to try to get a charge over your house.

What happens next if I do get a CCJ?

I’ve done another article on this, see link below. For now the important thing is to complete and return the forms correctly, as this will minimise your problems later on.

More Debt Camel articles:
What your options are if you get a CCJ

What your options are if you get a CCJ

How to stop a debt being sent to bailiffs

Have you had a Letter Before Claim about a debt?

How & why to reply to a Letter Before Claim

Author: Sara Williams Tagged With:

Comments

  1. I & a friend of mine lived in a place on 6 month contract. I left uk at end of 5th month. I have just come back after 8 months & understand there was a payment of 100£ that was missed & case went to Bailiff. Additional 97£ were added by council & 300£ more by bailiff! I have replayed the council amount 197£ but the bailiff is sending messages threatening court judgement. Checked with council they said they got their money & so won’t have nothin to do with what bailiff is mentioning. Any inputs highly appreciated as I am not uk citizen & having tough time dealing this. many thanks!

    Reply

    • Have you actually been sent a Claim Form by the court yet? Or is the bailiffs firm just threatening to go to court?

      Reply

  2. I received a Court Form dated 7 June received 8 June. In Northampton. Without it being stamped and signed. I made an appointment with citizens advice bureau. Who phoned the courts up to see if real or Fake. Yes it is real but the courts were baffled as to why this hasn’t been stamped as it has been issued. So left it as that. Took citizens advice bureau advice and sent it back with stamp and signed then I will fill it in and sign it myself as itrequests your signature, as then it will be Legal.
    Sent it back recorded delivery signed for with proof as sent back on the 13th day which they would received on the 14 day deadline.
    Now am just waiting for it to come back, it’s a waiting game now.

    Reply

  3. My husband received a ccj from a notorious no win no fee accident claim solicitors referring to an accident last Dec 17 where he scuffed a rear side bumper the woman was perfectly fine now claiming alsorts injuries! We strongly dispute the claim as she’s lying about being rear hit. We’ve never had a letter of claim or anything else. we’ve sent the pack to our insurance company. Any thoughts or advice pls?

    Reply

    • Have you just found out about this? Have you moved, so the Claim Form went to a previous address?

      Reply

  4. I’m having trouble with [a claims firm] they said I used them to get a payday loan back never heard of them and never signed anything what do I do

    Reply

  6. Hi Sara, thanks very much for this article.

    I’ve had an email from “Asset Collections & Investigations” that says unless I repay an old payday loan debt from 2014, they will start CCJ proceedings.

    I do intend to pay this as they have been calling / emailing for around 6 months now and I have had enough. I wanted to check though, should I worry that they are threatening CCJ action or should I just pay it? I’ve not received any court letter etc but I am just unsure.

    Thanks in advance.

    Reply

    • So you haven’t had a Claim Form, but have they sent you a letter Before Action/Claim? Read https://debtcamel.co.uk/letter-before-claim-ccj/ which describes what this letter looks like – the cover letter doesn’t have a set format, but it has to include certain attachments, including a Reply Form.

      This old payday loan – who was the lender? Had you borrowed from them before? If you had, you may want to make an affordability complaint to the lender (not to Asset Collections) and ask Asset Collections to put a hold on any enforcement action until your complaint has been resolved. If you win a complaint like this, interest is removed from the outstanding balance. See https://debtcamel.co.uk/payday-loan-refunds/

      Reply

  7. I am in desperate need of help as I have been wrongly issued a county court claim form and then judgement.
    My debt was with Zopa and then went to Cabot and then Mortimer Clarke Solicitors. They asked me to send an income & expenditure form within 14 days of their letter which I did but they actually issued the court claim on a date within that time frame so the.cost went from £665 to £795. I disputed this with them and they didn’t respond to my emails except to say to fill in the county claim form and make my offer through them! And now I have just received a judgement for £835 which needs to be paid within a month or I’ll be totally screwed for the next 6 years!
    I’ve spoken to Stepchange just now and they said to speak to Civil Legal Advice and I’ve also rang National Debtline but everyone is now closed until Tuesday. If anyone here could help in the meantime it would be very much appreciated!

    Reply

    • If you didn’t file a defence to the court Claim in time, then they may be little you can do now to get the judgment removed. I think talking to National debtline on Tuesday would be a good idea.

      You have a few payday loan complaints in progress, have any of them been settled?

      How much do you owe to all lenders except the payday lenders? You have mentioned a defaulted credit card, this Zopa loan, what else?

      Reply

  8. Hi,

    Yes QQ paid me £3600 after I had advice from this site so my outstanding £2000 debt was wiped out and I received £1600 in January 2019. It was a good result and one I never reported back on here which I should have. Safety Net Credit also refunded me interest and deleted negative info from my credit record. My affordability complaint with Wonga also remains until January 2020 as recently announced.

    I have a case with the FOS for MyJar as they were absolutely disgusting to deal with and denied having made the majority of the loans and even after sending them my bank statements showing the loans they did not change their decision. I chased that up today via email as I have not heard back for about 3 months since it was lodged. Lending Stream rejected my complaint as my loans were all paid back on time apparently even though I repeatedly borrowed.

    I owe £3600 to Capital One which I haven’t started making any payments towards yet since defaulting about a year ago and all the rest are payday loans which remain with Satsuma, Sunny, Uncle Buck., Wizzcash and WDA. I have payment plans in place for 2 of them but not the others as there are just too many to afford at once. These were taken out in more recent years when I didnt have a history of repeated borrowing so I didn’t lodge affordability complaints with them and they were all 1 time loans.

    Reply

      • £105 but haven’t heard from them for a long time now. I only recently found out they went bust.

        I’m not sure but have had no correspondence from them for many months and I didnt make a complaint against them as it was just the 1 loan. I’m more worried about the fact Mortimer Clark have issued me with cc claim when I sent them back the i&e form within their time frame.

        Reply

        • Well they don’t have to accept an offer you make. It’s not clear there were any grounds to defend the CCJ, but do talk to National Debtline about this.

          Reply

    • that is a lot of creditors. I suggest you get a debt management plan set up to cover them all, including the ones you have payment arrangements with. Talk to StepChange about this, see https://www.stepchange.org/how-we-help/debt-management-plan.aspx

      This won’t harm your affordability complaints. But it makes it MUCH less likely that another creditor will go for a CCJ. If the Zopa debt had been in a DMP they probably wouldn’t have gone to court.

      Your approach of setting up a couple of payment arrangements “because it’s all you can afford” isn’t treating the other creditors fairly. And it’s not working very well.

      Reply

  9. Hello i recieved a parking charge notice for £100 parking outside my own house, but i hadent parked inside of there sign boards so in my eyes its the public highway, and i was jot going to entertain such a rediculous fine so i ignored it for 2 years and recieved a letter from the dcbl saying to pay them £160, i never got the letter in time so i got another one saying i failed to pay them and they have instructed the private parking crooks to take legal action, with intimidating “as seen on channel 5” logos stamped all over it, is this just another bluff from a group leaches trying to take good hard working peoples money?
    Kind regards

    Reply

    • I suggest you talk to National Debtline on 0808 808 4000. Or you could go to your local Citizens Advice.

      You should ignore the “advice” that crops up all over the internet saying that letters about private parking problems are just bluffing – people can and do get CCJs if they ignore problems,

      Reply

  10. Hi I have received a courts claim form and a letter from dca saying I might be able to avoid the ccj if get in touch with them and fill in the i&e form and a box for settlement offer and monthly offer.
    I owe £14000 from £5000 loan. However when ringing them few days ago they said because I’m not working only way to not get ccj I’d pay full balance of over 3 months which I obviously can’t do.
    I have offered a full and final settlement offer of £4000 and filled in my i&e and emailed them It I’m currently unemployed. Do I have any chance? Has it gone too far with the courts for them to accept a f&f offer now? Thank you

    Reply

    • “I owe £14000 from £5000 loan” that sounds like an expensive loan… who was the original creditor? how old is this debt?

      do you have other debts that you haven’t been paying? do you know what they add up to?

      If you are unemployed, where would you get 4k from to settle this?

      Reply

      • Original creditor was bamboo loans now with lantern. The debt is only 1 year old. I was working at the time but my credit still wasn’t great my total other debt is about 20k between 12creditors ranging from 5k credit card 3k credit card 5k overdraft the rest payday loans. A family member is offering to pay the 4K I only need to wait another year then I get quite a bit of money so can pay them all off but really want to avoid a ccj at all costs I haven’t paid anything towards these debts for 1 year and most of them have gone to dca

        Reply

        • Ah. You can’t ignore debts or you may end up with CCJs. I suggest you think about making token payments of £1 a month to your other debts.

          Your F&F offer may well have been accepted if you had made it earlier. But if it isn’t now and you get a CCJ, get some debt advice about bankruptcy and whether that would work better for you.

          Reply

          • Can I offer a defence to the claim form for interest been high even though I signed and accepted it at the time?

          • This is complicated. Your best option may be to put in an affordability complaint to Bamboo asap and try to get the Lantern court case stayed until there is a decision on your complaint. Talk to National Debtline on 0808 808 4000 about how you could do this, or go to your local Citizens Advice.

  11. Dear Sara,
    I have just received a claim form from the Northampton Bulk Centre, issue by Cabot for an Aqua credit card from 2016 debt. There was over £100 on it but i paid it off. The only issue I have is all my payments was made from a hand account which I have now closed over 2 years now. The card was issued by Aqua so I don’t know why Cabot is taking me to court. I have never received any previous letters from this company so I am confused. How do I challenge this? Can I request proof of original agreement from this company or how much they paid for the debt etc.. please advise

    Reply

    • “my payments was made from a hand account” I don’t know what that is – or was it a typo for an old account?

      Reply

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