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 will be on white or blue and white paper and will have something like this at the top:
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.
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 here 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 recognise the debt, do you accept that you owe the money? Some of the reasons why you may not agree include:
- 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;
- you have gone bankrupt (or had a DRO or an IVA) and the debt should have been wiped out by that;
- 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 or hasn’t provided you with the correct goods/service. 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 need to 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, see telephone number above.
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,
Section 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.
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.
What your options are if you get a CCJ
How to stop a debt being sent to bailiffs
An overview of possible debt solutions
stuart says
so if i defend the claim say i dont owe it what proof does the claiments solicitor send to the court what if i just send claim back to the court and say its not me then what the court cant pass judgement without my admission of libilaty or my signeture or date of birth in case its somebody with the same name has me just because the debts been assigned it doesnt mean i owe it
Debt Camel says
hi Stuart, I’m simplifying here, but if you deny you owe the debt, the claimant will have to produce the documentation you signed.
I’m not clear if you know you do owe the money, but would like to be “difficult”, or if you genuinely don’t know what the debt is. If you really have no idea what the debt is, then call up the claimant and ask for details.
If you want to defend the claim on the grounds that you are not the debtor, it is statute-barred, you have cleared the debt in full, the amount claimed is wrong or for any other reason, then I suggest you telephone National Debtline, as they are very good at helping with CCJ-related enquiries.
stuar says
what documents does the claiment ie debt collector have to provide the court to prove that i owe the debt and can i ask the claiment to supply me all documents relating to there claim ie deeds of assignments and novation and credit aggrement
Debt Camel says
You can put in a CCA request for a copy of your credit agreement – sample letter here from National Debtline https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx. I recommend that anyone having problems with a CCJ talks to National Debtline about their case. You can also ask for a copy of the Notice of Assignment to the debt collector. You don’t have a right to see the commercial documents relating to the sale of your debt, eg at what price the debt was sold.
stuart says
ok thats right ive been to a litigation solicitor he told me just ask for a copy of the credit aggrement if they cant provide it they cant inforce the debt in a court
Clive says
I have received a ccj saying claim form at the top. In the letter it states I owe money to Lloyds bank on calling them they said I had no account with them and that I never have.
The account number relates to a different bank ie Halifax which I did have account with. Can I deny the claim against me as it’s the wrong bank named as it clearly states I owe to Lloyds bank?
Sara (Debt Camel) says
Hi Clive, Lloyds now own Halifax – I don’t think you will get far trying to defend this claim – at best you may buy a small bit of time whilst they reissue the Claim Form. I think you should concentrate on the debt to the Halifax – do you owe the amount alleged? etc. Follow the steps in the above article and call National Debtline if you need assistance or want to check something.
amy says
I’ve just received a claim form from the county court business centre Northampton about a debt of £181 for lloyds. I don’t have any information on this debt so I was going to request the credit agreement, how would I do this and what do I need to do with the claim form from the court if I’m requesting the credit agreement?
Sara (Debt Camel) says
Hi Amy – you need to defend the claim. I always suggest people contact National Debtline about how to do this: https://www.nationaldebtline.org/EW/Pages/default.aspx
Suz says
myself and my partner receive joint esa, its my partners esa claim, what amount would i put in for income half, or the amount they actually allow for a partner?
Sara (Debt Camel) says
Hi Suz, the simple approach is put in half the income and also half of all the relevant household expenses. Do think about discussing the offer you should put on the form with National Debtline.
Sonja says
I have received a county court claim form, they are taking me to court for £664 which I’m not in a position to pay in full I’ve filled out form n9a with all my income and outgoings and would be happy to send my bank statement to the court for them to see that I only have £20 left over after paying all my bills , if the court agree my offer of payment of £20 as I can start paying straight away will I still get a judgement against me by not being able to pay the full amount in full of the £664 they asked from me ? As I worried as my Mortgage finishes next April and I would need to re mortgage and if I were to get a judgment against me this would stop me from re mortgaging can you advise me will I get a judgement even though court were to agree my offer of payment of £20 a month ?
Sara (DebtCamel) says
Hi Sonja, you could talk to the creditor and ask if they will accept £20 and withdraw the court claim. But if they go ahead and you get a CCJ, the court may set your payments at £20 a month but the CCJ will still exist. If you could pay it in full within 30 days it would be deleted. Otherwise it will be on your credit file and will make it much harder for you to remortgage at a good rate next year. (I am sending you an email about another matter.)
Sabrina says
I have received a county court claim form, and I am currently unemployed so unable to make payment to my creditors. I have responded to the courts. I wanted to know if this will this blacklist my parents house although I do not own it or pay for the mortgage? Or prevent them from taking out a another mortgage?
Sara (Debt Camel) says
Hi Sabrina, if you get a CCJ it will not affect anyone unless you have a financial link with them such as a joint account, joint debt or they have guaranteed your loan. Just living with someone is not a financial link,
lee kirkman says
Hi could anyone tell me the correct answer to this question if a debt is sold can the new owner instigate county court proceedings when there is no credit agreement between them or yourself.
thanks
Sara (Debt Camel) says
Hi Lee, the answer is Yes, the new owner can start court proceedings. the new owner now has all the same rights that the original owner had – see https://debtcamel.co.uk/sold-to-dca/ for more details.
jagsy says
hi my daughter has received a blue claims form from the courts, the claimant is Lowell`s
this is for £463 which they are saying she alledgely owes, my daughter told me she knows nothing of this account, ive looked on her credit records and the start date of the account is 2010
in 2010 my daughter would have only been 15 years old, is it true that you cannot be taken to court for a credit agreement if your under 18 years old and if so can I point this out on the defence in the blue claims form, if I did this do you think a judge would dismiss this claim?
Sara (Debt Camel) says
Hi jagsy, it sounds as though the debt collector has got the wrong person :) At an earlier stage I would have suggested sending a Prove it! letter but now it’s urgent to return the defence forms. Your daughter’s age should certainly be mentioned. I suggest you / she call National Debtline on 0808 808 4000 and they will talk through the case in detail, including exactly what to write on the form.
Shab says
Hi i have received a claim form. I wanted to know if the solicitor can withdraw the claim from the court if I agree to pay the monthly payment?
Sara (Debt Camel) says
Hi Shab,
yes, the claim can be withdrawn. Most solicitors would prefer to proceed with the claim at this stage though, in case you don’t keep up with the payments. If you have a job which would be adversely affected by a CCJ, one alternative is a “Tomlin” or “Consent” Order, see http://moneyaware.co.uk/2012/04/clear-debt/
Shab says
Thanks for your reply…. No i dnt do any kind of job i m a house wife with 2 kids How can i convence the solicitor that i will keep up with the monthly payment n ask him to withdraw the claim form court…. I call the solicitor n they are giving me 30% of on my debt but still its too much gor me to pay or from where can i get some credit to pay them off my bank account was also closed… I really need help…..
Sara (Debt Camel) says
You can make monthly payments to a CCJ, you don’t have to pay it in full. I think getting someone to help you look at your full situation would be useful. I suggest calling National Debtline on 0808 808 4000 or going to your local Citizens Advice.
Andy says
I have received a county court letter asking me for £1300 for a debt that had been sold on from a payday loan company. The DMC are asking for this amount yet the original debt from the payday loan company was £550. Any advice as I need to contest how much interest they can bang onto the original £550 as this seems extortionate, and not in keeping with the new Government rules for payday loans. I was taking out PDL to pay off other PDL, you know how it goes. The PDL company never asked for affordability checks and just gave me the money, which I could never afford to pay back. It’s my stupid fault. Would you suggest a full and final offer, even if they have requested a CCJ?
Sara (Debt Camel) says
hi Andy, actually it’s not “your stupid fault” – it is the lender’s fault that you defaulted as you should never have been given this loan. You MAY be able to claim some compensation – see https://debtcamel.co.uk/more-payday-refunds/ for how to do this.
But although I really suggest you should try this, it doesn’t answer your urgent problem about how to reply to this claim form – can I suggest you call National Debtline on 0808 808 4000 tomorrow and discuss your possible actions?
Leanne says
Hi
Yesterday I received a judgement for claimant regarding debt. I never received any claim forms before this only a letter from the claimant and one letter from the solicitor which was back at the beginning of September. I like an idiot didn’t do anything with these as I was under the impression the debt was statue barred. Anyway I am just not sure what to do as I didn’t get the correct paper work from the court before this ccj letter. Also it’s already been put on my credit file and if I was to pay it off in full would it enable to be taken off.
Sara (Debt Camel) says
Hi Leanne, I’ve written another article on what to do if you get a CCJ – https://debtcamel.co.uk/help-ccj/. Basically if you pay it in full in 30 days it will disappear from your credit record. But if the debt IS statute barred, then you may want to get the CCJ set aside and defend on that basis. I suggest you call National Debtline on 0808 808 4000 and talk this through with them as it costs £155 to get a CCJ set aside and so you need to be very sure that the debt really is statute barred.
sal says
An on line claim has been made against me and the claimant has confused the wordings of claimant and respondent and refers to me as the claimant – can I make use of this technicality in any way. I was not happy with the service i received from a surveyor. thanks
Sara (Debt Camel) says
Hi Sal, it’s usually pretty easy for this sort of minor error to be corrected. For advice on what your defence should be, I suggest calling National Debtline as this article says.
Richard says
Hi I have received what appears to be a claim form from the county court, from reading posts I expected it to be blue but it is white and the crest isn’t quite right, slightly blurry is it a tactic debt collectors use to fake papers?
Sara (Debt Camel) says
Hi Richard, if you are in doubt, call the court up and ask them! it’s probably OK, but best be sure.
James says
Hi, I have received a county court business centre claim.
I have defended this claim since July 2007. Over 8 years. Today I have received this letter giving warning of a ccj. Is it too late to apply for statute-barred..?
Thanks
james
Sara (Debt Camel) says
Hi James, you don’t “apply” for statute barred before a CCJ, you have to enter statute barred as your defence on the court papers and do this within the time limits, which can be tight. I suggest calling National Debtline who will be able to talk to you about how to reply to this claim. If you ignore it, you will get a CCJ even if your debt is statute barred.
Richard says
Hello there I got court forms through about a debt Lowell say I owe, I sent them and their solicitor a statute barred letter, I got this response,
We have received your letter dated first December 2105 (yes they did put that date in) in relation to the claim against you in this letter you state that you believe the debt is statute barred as the last time you made payment in relation to the debt was over six years ago our records show that although you did last make payment on 15 June 2009 The default date for the account was 31 August 2012 the time to bring a claim against you for this debt is six years from the default date and therefore our clients are well within their legal rights to issue this claim please can you formally respond.
I am defending this claim as I think it is statute barred, they written the date of payment which is over 6 years ago, I thought it was the last action on the account that makes it statute barred? what I would like to know is what do you think my chances are in court? Am I on the right track and do you have to go court or is it done in the post etc. Thank you for your help this site is so informative!
Sara (Debt Camel) says
Hi Richard, a few creditors seem to be trying this line at the moment, suggesting that the default date is the starting date for the 6 year “statute barred” clock. This is just wrong as you say, but I suggest talking to National Debtline and talk to them about this problem – it won’t be the first time they have come across it – and what you should put on the forms.
Sometimes this can be resolved by completing the forms – you can use MCOL (https://www.moneyclaim.gov.uk/web/mcol/welcome) to do this or send the forms by post. Sometimes it goes to court, here the case will be transferred to your local County Coout. If this happens you should always go – often “the other side” doesn’t bother to turn up – he who turns up tends to win!
Good luck!
sean says
hi I have a capitol one debt which has been sold to Cabbots , it defaulted in 2011 , now I’ve never made a payment since before then but they are saying that the last payment was the default date which is obviously wrong or it wouldn’t of defaulted at that time, I have now got court letters, if I get a ccj will the 6 years start again, thankyou.
Sara (Debt Camel) says
Hi Sean, if you get a CCJ, this will then stay on your credit record for another 6 years.
I think Cabots may be suggesting that the “statute barred” time limit starts from the default date. This is wrong (see https://debtcamel.co.uk/statute-barred-debt/) but several creditors seem to be trying this one on at the moment, see the previous comment above! If this is what is happening, you need to try to find when you did last make a payments and talk to National Debtline about how you can defend this CCJ.
Joanne says
Hi, I revived what looks like a claim form from the county court business centre today, the claim is for a mobile contact I had for 13days in 2013, the form is not filled out in my full name half my last name is missing , can some one tell me if this is relevant? The debt started at £900 for data I’d used for the 13days I had the phone Iv never payed anything on the debt as I all ways disputed the cost of the data & returned the phone in the grace period, now it’s at £2422.75
Sara (Debt Camel) says
Hi Joanne, mobile phone companies can be very difficult to deal with. I suggest you call National Debtline about how to defend this claim as just challenging them on the wrong name isn’t going to get very far as they will just correct it.
Sue says
Lowell trying to take me to court years old debt sent cca request and proof of signed agreement. There solicitor wrote back getting docs from Capitol one, and state payment made to scotcall 2012reg Capitol one. I paid them a different debt and only payment to Lowell was vanquis card need help as know there lying who payments were for. And will it come to my word against there’s. And will Capitol on have docs proof after all this time?
Sara (Debt Camel) says
So you are saying the Capital One debt should be statute barred? You could ask Lowell for a statement of your account for the Vanquis card and for the Capital One account. Will they be able to produce the CCA docs – possibly, you shouldn’t assume that they can’t. This doesn’t sound like a simple CCJ to defend, I suggest you phone National Debtline as it’s important your defence goes in on time even if they say it will take longer to find the docs.
Sarah says
Hi. I have received a small claims court letter from Cabot acting for capital one, dated 12 Feb. They say I owe £389.87 raised to £474.87 with costs. I know I do owe this as I have been burying my head in the sand a lot to be honest. Would I be able to make an offer to them to pay a lump sum as a full and final offer to get this paid off? would I phone them to make this offer or write it on the court form
Sara (Debt Camel) says
Yes you can make an offer at this point but this needs to be asap. Make it direct to Cabot by phone, but if they agree you want it in writing that they are accepting your offer in full and final settlement, that they will not continue with the claim and that they will not sell the remaining debt on to a third party. Then you pay them and enter a defence to the claim saying it has been paid and attach the email from Cabot confirming this.
It will help to get an offer accepted if you send an I&E showing you can only pay a small monthly amount. But at this point they are unlikely to take a low offer.
donna says
I recently received a Claim Form from Lowell Portfolio, it had a crest on it, and a claim number and a circle within which says “”the county court””. But the form has no actual court stamp or signature of a judge as I would have expected and it is not a blue form (it looks like a black and white photocopy). What do these official forms look like, as I do not know if it is a bluff or a scam or genuine? Also, as the time for response has expired, I received another letter saying in default which also looked like a black and white photocopy. What is the likelihood that I would get a charging order on my house as an outright owner (unemployed) for a debt of £898 that I do not acknowledge? Thanks.
Sara (Debt Camel) says
Hi Donna – the “in default” sounds as though the CCJ has been issued because you didn’t defend the claim. You need urgent advice on what your options are – phone National Debtline on 0808 808 4000 and they can talk you through them.
Donna says
UPDATE: I challenged Lowell Portfolio in court, got the CCJ overturned (set aside) and ended up winning my case. They had no proof of any debt when I challenged them to provide the proof. It therefore got thrown out of court. No more Debt Collectors for me. I found out that if you stand your ground and put the burden of proof back on them, they rarely have a leg to stand on. :-)
Chris says
Hi
I was with a debt management company called first step finance, who went bust along with a sum of money I had paid 18 months ago. This was devastating at the time, however I started again with step change and have been in a debt management plan since which has gone well so far. However today I received a county court form for a debt that has not been included in my plan. The original debt management firm first step had challenged the creditor who had been unable to provide any of the documatation in relation to the original credit agreement. In fact what they did provide wasn’t even my hand writing. So had written to them stating the debt was unenforceable and even sending a harassment notice.
This debt it appears has been sold on to a collection firm who are now talking the action against me . I only found out by chance today because all the paperwork had gone to my previous address.
I guess I could challenge the debt but I don’t have the knowledge or the money to pay for legal help and won’t qualify for any legal aid, but my preferred option would be to make a payment arrangement through my current dmp
Can this still be done at this stage ,I have a few days left to respond to the court documents. I desperately don’t want a CCJ as I want to get a mortgage this year and was on track to do so. Is it possible to make arrangement with the debt collecton solicitors I don’t want to call them myself as I don’t want to admit any liability. The debt is almost £9000 Thanks
Sara (Debt Camel) says
Hi Chris, phone National Debtline tomorrow morning asap 0808 808 4000. You don’t need to pay for a solicitor – and no-one gets legal aid for this time of case. But National Debtline will be able to talk to you about how to respond to this Claim. If the creditor cannot produce the correct CCA documentation, this debt is may not be enforceable in court.
Donna says
You need to fight it! If they cannot prove it then you should not pay, because if the original creditor starts demanding payment and has the documentation to prove the debt, you will have to pay the same debt twice! Contact the CAB.
Chris says
Hi further to my post earlier in the week I have been busy, however I have been given conflicting advice.
First I phoned national debt helpline, they suggested as the debt is pre 2007 I can fight it as the creditor only has a reconstituted credit agreement and this is not enforceable. They suggested several legal websites to assist with leagal advice. However after a few enquirers I spoke to my house insurance provider NFU who seen to think I’m covered for this kind of legal dispute. I spoke to one of their solicitors they are going to look into it as to whether I can claim and fight this.
I then called step change as I have a debt management plan with them and they said I should contact the creditor and try to make an arrangement to pay, because I have made a payment in the last four years ( I only defaulted three years ago) this I taken as admission of the debt. But I already have an income expenditure list with them it won’t cost me any more they even said it could become a priority debt at the expense of the others , they also said the creditor may suggest a Tomlin order. But I am wary of speaking to them.
I am happy to pay this as I intend to make full and final offers to all my creditors in the next twelve months. I would like to just add it to my debt plan but getting a CCJ will ruin not only my plans but could put my Job at risk
My over ridding priority is not getting a CCJ , should I ring them and try to negotiate or fight it.
Its a big worry now any suggestions appreciated.
Chris
Sara (Debt Camel) says
It’s a tough decision, knowing you probably have a good case, as National Debtline have said but being reluctant to take any risk. I can’t say what you should do. Talking to your insurer’s solicitor may clarify things for you.
A couple of things to add to your thought process:
– a Tomlin order is a good way around the CCJ problem
– another good way if you have the money to repay the debt in full at the moment is to fight it and then if you lose pay it withing 30 days – in that case it disappears completely. See http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/removing-a-ccj
lucy says
Hi I’ve recently received a claim form (claimant being Lowell solicitors limited) relating to a debt (it says) with Lloyd banking group.
The amount is for £2646.78.
I believe this is actually an overdraft of £2000.00 Halifax allowed me to have on my account in 2010. At the time I was claiming benefits for me and 5 of my children and had been in the same financial situation for a year’s, I was gobsmacked that Halifax had allowed me to have so much, but over the next 2/3 years I was paying bank charges between £30-£55 every month, I knew I was never gonna be able to just put 2000.00 bank into my account so realising I would paying these charges forever I decided to open a new bank account elsewhere and turned my back on Halifax. I know now this wasn’t the right thing to do but I felt trapped as i couldnt afford the huge monthly bank charges.
Now I’m worried, I’m gonna end up with people knocking on me door demanding money that I simply haven’t got!
Sara (Debt Camel) says
You won’t get people knocking on your door if you make an offer to repay the debt which you can afford and make the payments each month. Call National Debtline 0808 808 4000 and they can talk you through what offer to make and how to complete the court forms. You might also talk to them about whether all the overdraft charges were fair or not, but at the moment completing the court forms has to be your priority.
stephen says
Hi, I have received a so called claim form from county court business centre… firstly is this letter genuine very poor quality and its grey and white looks like a photo copy? The stamp also just states THE COUNTY COURT
2….. I am aware of the debt it is for parking in a hotel carpark now I know that these parking people are always trying it on and have read and heard a lot saying just to ignore them. The debt is now at 225 which is ridiculous.
Obviously my main concern is having a bad credit. … but on the other hand don’t wanna pay some one who is trying their luck?
Sara (Debt Camel) says
Hi Stephen, you can call the helpline on 0300 123 1056 and check the claim number with them to see if it is genuine.
If it is, I suggest you call National Debtline 0808 808 4000 and discuss with them whether you have any defence to the claim.
stephen says
Ok I will do that… is this letter a court order? Or will this matter go to.court if I ignore it? Thanks
Sara (Debt Camel) says
If it is a genuine claim form and you ignore it, the claimant will win the case “in default” without it going to court. It will only go to court if you submit a defence.
Stephen says
Ok thanks for your help, appreciate it, I will be checking its genuine
Peppa says
I have received a Claim Form, which I would like to dispute the full amount claimed filling the N9B. As I am not solicitor, just would like to make sure to write the correct word that I do not agree with the claim in the Section 3. Defence. Is there any special technical word for that?
Also can I attached documentation as proof with the N9B?
Many thanks
Sara (Debt Camel) says
Hi Peppa, it’s good to check these things. I suggest you call National Debtline 0808 808 4000, they can talk about your defence and the forms.
Michelle evans says
Good morning you’re help would be greatly appreciated it concerns what income and expenditure you should include when offering a scheduled repayment. I’m currently in receipt of esa and dla child benefit and child tax credits (in joint names) I also have 13yr old son who receives dla do I include everything I receive including my son’s money and do I include any money my partner receives and finally how do I breakdown expenditure as it is mainly in my partners name. Thankyou Michelle.
Sara (Debt Camel) says
Hi Michelle, by coincidence I have just written an article about this! See https://debtcamel.co.uk/ccj-monthly-payment-form/
Gordon says
23/3/15 my partner was dealing with “The Claims Guys”. They asked if there was anyone else living there, she gave them my name. 25/3/15 I received a claims pack ref: 10027674, 26/3/15 I received another pack containing a Letter of Authority ref: 10033583. None of these were completed, signed or returned. (I still have both) I have never received anything seen from TCG, then out of the blue I got a claim form from the County Court Business Centre 1/7/16 for £667.49. The initial fee for work carried out – All fees attributable to reclaiming monies.
[edited]
Sara (Debt Camel) says
Hi Gordon, that was a long and interesting post about the way this firm appear to be pursuing you for work they never did which you never authorised them to do. Unfortunately I can’t give you advice on how to complete these court forms. An excellent place for advice would be National Debtline 0808 808 4000 – lines open until 8pm.
Defending a court case can involve a surprising number of stages over a long period. If you would like general support through this process, you might consider posting on this forum: http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
Jodi says
Hello Sara
I wrote to you some time ago regarding a Claim that was made against me. I hope what I am about to write, will help the many people who are being pursued for money.
The creditor had sent me an invoice which showed he had almost doubled the amount of hours actually worked. I had already paid half of what I believed I owed, and then sent him the second half with the invoice. He refused my cheque and said that he wanted all of the money. I refused to pay. He took out a claim against me and then returned my cheque. At the hearing the Judge looked at my Defence and believed what I had said that he had not worked the number of hours he was claiming for the work done. He had to accept a lesser amount than I had originally tried to pay him, plus I paid the Application fee. He ended up £47 worse off than if he had accepted the cheque instead of returning it!
He had to provide proof that he worked the hours. But he did not have any proof. I had not signed any time sheets etc. He could not produce any evidence whatsoever, whereas I had proof from other people who were in attendance at my house at the same time as he was. I was informed by the Judge that even though I still owed him some money, I would not have a CCJ against my name, especially in light that I knew I still owed him some money, but not all that he was claiming. I had not defaulted on the amount.
The Judge also said that it is up to any Claimant to provide proof of work done, not up to the Defendant to provide proof of work completed, or not. But I always think it is a good thing to provide as much proof as possible. I did.
A CCJ will not be put against someone’s name if it is shown they are willing to co-operate. There is none against my name.
I hope this helps anyone who is concerned.
Chris says
I was recently issued with a claim via the County Court Business Centre. I was acting as Power of Attorney while selling my mother’s house who has dementia and the claimant is after me for misrepresentation relating to some building works which I had no knowledge of. The claim form has my name on it and I have been advised that any judgement, if it gets that far and is not sorted out beforehand, will be against my mother’s estate and not mine, Should my mother’s name have been on the claim form and if any award is made against my mother’s estate, should it be my mother’s personal details which include bank account and savings that go down on the form ?
Sara (Debt Camel) says
Hi Chris, there is no point in me making a guess about this, you need to be able to talk to someone about the details. I suggest you first speak to National Debtline 0808 808 4000, hopefully after that things will seem clearer to you but it may still be advisable to get a solicitor if the money involved is significant.
Chris says
Thanks a lot Sara. Appreciate your response.
Jo says
Hello Chris
Do you have legal cover, or does your mother have legal cover, with the house insurance? I am with Admiral and I have legal cover up to £100,000. It’s worth having a look.
melanie says
Hi,
i had a car accident which my insurers decided was my fault. 2 years later i receive a “claim form” saying that the other party wants money for loss of earnings. This case was already settled by my insurers.
Do i have to pay?
Please help me.
Melanie.
Sara (Debt Camel) says
You need to talk to your insurance company urgently. First because it is obviously linked to the insurance claim which has been settled and second because you may have legal cover with your insurance. If that doesn’t help speedily, phone National Debtline. Make sure you reply tithe Claim form within the tight time limit.
Jo says
This sounds very suspicious. Loss of earnings would have been taken into account when the claimant first filed the claim against your insurance company who would have paid up. I agree with Sara you need to get in touch with your insurance company as a priority and send them a copy of the claim form. In the meantime, don’t do anything else as the claim form could be a fraud.
Jo says
– Sorry I apologise as I may have misunderstood. If the claim form is from the County Court then you do need to respond within the time specified, but ensure that the form is the real thing as some of the ones that appear to be from Northampton are fake. If the ‘claim’ form has come in any other format and not from the Court, then proceed as suggested before.
Sara says
Hi
I have received a white claim form from the county court business center my question is if I full out the N94 admission form to make monthly instalment on this debt will it put a ccj on my credit file
Sara (Debt Camel) says
Yes it will. Do you have any reason to defend the case?
Kaye says
Does a County Court Claim form come on white paper that looks photocopied?
Sara (Debt Camel) says
Sometimes. There should be a stamp from the court, the court’s full name and a Claim Number. If you don’t think this is really from a court, look up their details here https://courttribunalfinder.service.gov.uk/courts/, phone them and ask them to check the claim number on your form.
Victoria says
Hi, i was wondering could i do the 3 letter process on a debt i have already agreed to pay monthly? I recieved a county court claim form and panicked so put amout on and sent it back but i had already issued the “1st letter” of the process? Many thanks!
Sara (Debt Camel) says
The 3 letter process is a legal nonsense. If you agree you owe the debt, then you have done the right thing by responding to the claim form with an offer.
Victoria says
Thank you!
Soaps says
I had an old debt in relation to a professional studies loan which I have been chased for years – it has been assigned twice and recently, as I have been trying to improve my credit score I contacted the debt collectors to make an offer of payment via the website. I had a letter a month or so later saying that they accepted my offer and my first payment would be 28th August and enclosed an income and expenditure form which I thought I had completed online. I didn’t return it. I thought everything was sorted. Earlier this month I received a claim form from a firm of solicitors I had never heard of applying for a CCJ dated 30th September. They have said it relates to an overdrawn account which is incorrect and when I contacted the debt collectors they said that I should’ve received a letter from the solicitors but they couldn’t tell me when just that it would have been posted 2nd class but I have not received. Can I defend on this basis?
Sara (Debt Camel) says
I suggest you talk to National Debtline 0808 808 4000 urgently about possible defences as you have very little time. I don’t know how old the loan is, but it may be worth asking them to produce the CCA agreement for the debt, National Debtline can explain how to do this and the implications if they can’t.
Emma says
Hi there
I received a claim form from the county court business centre. This is for an unpaid mobile phone contract. This is the first piece of correspondence I have had regarding this (although the claim form stated they have made numerous attempts to contact me).
I contacted the mobile phone company as I currently have a contract with them at the moment. They managed to find this old contract and said it was taken out July 2010 and first defaulted 2ndo September 2010 and no payments or contact been made since then. Am I right in thinking that this debt would be statute barred? If so how do I go about filling in this claim form and what do I do in terms of credit file?
Many thanks
Sara (Debt Camel) says
Hi Emma – ring National Debtline 0808 808 4000 and discuss this. The first thing is do you agree you owe the debt? Then whether it is statute barred. Then how to complete the defence form. Good luck!
If you defend the Claim and win, it won’t appear on your credit file. if you lose, then the CCJ will appear but will be deleted if you pay the debt within 30 days.
Kerri says
Hi, do I have to send the Ackowledgement of Service form as well as the N9B defence form? And is it the Court I need to send it to?
Sara (Debt Camel) says
Hi Kerri, I suggest you talk to National Debtline asap about your defence and completing the forms: 0808 808 4000.
Lisa says
Hi Kerri, you have to send the Acknowledgement of Service form back as well as the N9B if you are defending the claim detailing your defence, if you do it chronologically will be really helpful to the person who will revised your case (if it’s necessary add copies of documents you can rely on).
Last September I had a claim from a former accountant and won the case without opening our mouth just with the Defence form and evidence such as emails, letters…
kevin says
hi i have sat court forms so i rang a help line i think my debt is statous barred as i havent payed any thing for about 7 or 8 yrs i have sent them the statous barred form and im jobless since jan 2010 i dont know what to put on my court formas i dont get any money my patner pays for every thing so what do i do and do i wait for a responce from lowell solicters sorry about the grammer
Sara (Debt Camel) says
Hi Kevin, have you talked to National Debtline 0808 808 4000? There is no need to apologise for your grammar, but it may help if you tell National Debtline that you aren’t at all confident with with writing and you need help on what to put on the court forms for a statute barred defence.
kevin says
not yet but i defo in the morning thank you
sharon says
Hi
I have received a money claim online from my previous employer-long story and have already defended (and part won) their last claim. Seems they are out to be a nuisance to me. Anyway their latest claim form N1 did not have any supporting evidence with it. As I have a limited time to send in my defence, this was done on what I can only “assume” they are claiming and I made a point in my defence highlighting this. Do they now have the opportunity to send in documents retrospectively as that seems unfair due to my defence paperwork already being submitted!
Many thanks
Sara (Debt Camel) says
Hi Sharon,
I suggest you talk to National Debtline 0808 808 4000 about your case. If you prefer an online forum, try posting here: http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
Jo says
Hi – re the documents. Provided these are submitted within the dates given on the form, they can send them in. If they submitted outside of the date, they have to make a special application to submit further documentation, but you have to be notified of this and can object. It is up to the Judge to accept or decline these documents. If they are late by a day or two, sometimes the documents are accepted. It’s all up to the Judge’s discretion.
Robyn says
Hi, need some advice! Managed to lose the forms that they send through! What do I do now?
Any advice welcome x
Sara (Debt Camel) says
If you have just lost the Response Pack but still have the Claim Form, you can download the relevant form (Acknowledgement of Service if you want more time to reply, N9A if you admit the claim, N9B if you want to defend the claim), see the links in these pages https://www.gov.uk/respond-to-court-claim-for-money/overview, or use the Money Claim Online service see https://www.moneyclaim.gov.uk/web/mcol/welcome.
If you agree you owe the money and can pay it in full, you don’t need to fill in the forms. You should contact the creditor or their solicitors and arrange to pay it. If this is done before a CCJ is issued or within 30 days afterwards, the CCJ will not appear on your credit record.
If you agree you owe the money but need to pay it in monthly instalments, there is no need to worry. If you don’t fill in the forms you will get a judgment “in default” because you didn’t, but you can then ask for a “redetermination” to pay monthly, if this is done in 14 days there is no charge. See https://debtcamel.co.uk/help-ccj/ for more details.
So the only case where you have to act quickly is if you want to defend the case. In this case, call the Court asap and ask for a copy of the form. If the debt is a normal credit card or loan, the court is almost certainly the Northampton County Court Business Centre, contact details https://www.gov.uk/courts-tribunals/northampton-county-court-business-centre. Any problems with this, or to talk through how to defend your case, call National Debtline 0800 800 4000.
Karen says
Hi I agreed to be a guarentor for a colleague of mine not knowing at the time my ex partner had taken out several large loans in my name which has left me in a position of having to go on a debt management plan as I can’t prove I didn’t take them out. As soon as I found out I informed Amigo loans of the situation and I am now on a debt management plan through stepchange and as the other person has defaulted I am paying an amount to them monthly. I have now been advised that they are now going to court to get a ccj against us both what I would like to know is what my rights are in regards to this as I have not benefited from the loan.
Sara (Debt Camel) says
When you agred to be a guarantor, were these other large loans showing on your credit record, even though you were not aware of them?
Karen says
No unfortunately not they were taken out in the following month.
Sara (Debt Camel) says
Bother – if the loans had already been showing there would have been a case for challenging the Amigo loan as it was unaffordable. I suggest you talk to National Debtline 0808 808 4000 about whether you have any defence to a CCJ claim.
Karen says
Thank you I will do that
Elie says
Hello,
I received claim form, and the claimant state they i had an agreement with opus (which i do not know them). I checked on my credit file and there is no such defaulted account. However I had previous credit expert report and it show the amount claimed and i did dispute it back in august 2016 and they removed it from my file. You can see that the amount was defaulted 30/09/2010. I would like to defend the claim, as i do not want any CCJ. In my defence i will ask them to provide copy of the agreement, but shall i mention that the amount is statute barred, as it is more than 6 years since is defaulted?
Thank you
Sara (Debt Camel) says
Hi Elie, I suggest you talk to National Debtline 0808 808 4000 asap about your options about how to defend this Claim.
Suzie says
Hi there could someone help me ….
If there was a hfc agreement made in 2007 and last payment was 2008 but default notice wasn’t till Dec 2011 can they still try to reclaim the debt or can I go for statue barred?!
Thanks
Sara (Debt Camel) says
Have you had a Claim Form or recent contact with them or a debt collector? And what sort of debt is this – a loan? an overdraft?
Suzie says
No I’ve received a court letter only to which I have put on there I know nothing about the debt which is true I have no idea what the debt is over when I rung company bwlaw they said it was a credit agreement with PC world from my memory I’ve never bought anything on hp from them !
Sara (Debt Camel) says
So you have three possible reasons to defend the debt:
– the simple “it’s not mine” where your witness statement can say that you have no recollection of ever buying anything on HP from Currys
– you can ask them to produce a Consumer Credit Act agreement for the account, if they can’t the debt is unenforceable
– and statute barring.
In defending cases it is usually best to include all reasons. For you it is essential that you request the CCA agreement and enter a full defence. Contact National Debtline about this tomorrow, this is urgent. I cannot give you advice on handling a court case, they are the experts in this. Contact details here: https://debtcamel.co.uk/more-information/where-to-get-help/
Suzie says
Will try the above thank you very much
Suzie says
Hi there me again
I’ve now received a form of mediation from the court …. I guess the defence I sent in with regards to knowing nothing about the debt was ignored …. so now I have to pay the debt off?! I have no choice ?! Or can I still write in and ask for statue barred as debt is over nearly over 6years old (dec this year and it will be)
Thanks
Suzie
Sara (Debt Camel) says
Is this what you have received? https://formfinder.hmctsformfinder.justice.gov.uk/n180-eng.pdf
Suzie says
Yes that’s the form I’ve received
Sara (Debt Camel) says
You haven’t lost this case, it hasn’t been heard yet! You definitely don’t need to pay the debt because from what you said you have got a very good case that it is statute barred.
Getting that form means the court has received your defence – it is asking questions so the court knows how you want your case to go. You can say:
– whether you want to opt for mediation (section A)
– give some more contact details (section B)
– say if you want it to be heard as a Small Claim (section C)
– give more information about what you want to happen at the hearing eg where your local court is. The claim will usually have come from Northampton and you probably don’t want to have to go there! (Section D).
Previously I suggested you contact National Debtline – can I ask if you did this?
Suzie says
No not as yet that was my next move tomorrow to call them ….
BW legal have written their form (same as above) to the court I have a copy of it …. they agree to small claims mediation service … do I need to fill out the form and do the same? And I need to find the nearest court to myself I guess?
Sara (Debt Camel) says
You have to call them tomorrow. I don’t know what you put on your defence. I don’t know if you have asked for a CCA agreement. From what you said before there were three possible things to put on your defence, if you didn’t put ALL of those down, you need to talk to National Debtline urgently about getting your defence amended… I can’t give you advice on what you should do.
Suzie says
No I didn’t put all three down I only put the one down that I didn’t know of the debt itself I had no idea about it was the only thing I said … so I couldn’t write on a separate piece of paper now with this form and send to the court?
Sara (Debt Camel) says
Phone National Debtline. Sorry, it’s what I said to do before and it’s what you must do now.
Suzie says
Will call them tomorrow thanks very much for all the help so far you have been so very helpful to me
Suzie says
I phoned national debt line and they were completely unhelpful to me infact they only offered me info on how to deal with paying back the debt I phoned another company called moneyaware and they state that I can’t go for status barred because the ccj was already issued to me that was the last letter I received apparently so now I have to go a head with this n180 I just want to know should I say yes to the mediation service section 1a? C1 I can’t really say no on because it’s for debts over 10k …. I’m so confused :(
Sara (Debt Camel) says
You don’t yet have a CCJ. Try posting Legal Beagles forum http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
Carl Griffiths says
Hi
I have received a claim form from the county court business centre. The letter is on white paper and the writing in black. On the top of the letter it has CLAIM FORM and the official stamp looks fuzzy and not clear as if it’s photo copied or scanned. To the right it has the circle stamp with the crown and THE COUNTY COURT below it which again looks scanned or photo copied. I have read that these companies send out bogus copies to try and scare you into paying the debt. The debt is definitely over 5yrs without payments being sent, possibly over 6 years. I have read that the original letters would be sent in blue and white papers. So I am asking really if this is a copied letter by the debt collector trying to pressure me into paying. The old debt was for a credit card and has been passed on. I have not made contact with anybody for definitely over 5 years. I am not registered to vote at this address where I live. Hope this information helps and you can give me some advice if this is an original document or not.
Many thanks
Carl.
Sara (Debt Camel) says
Did you receive N1 – Claim form; N9 – Response pack; N9A – Admission (specified amount); N9B – Defence and counterclaim all in the same pack? You can contact the court to check the Claim Number is correct.
Assuming this is a valid claim form you do need to respond promptly to defend the case. You need to find out if possible if you have made a payment in the last 6 years – if you haven’t you can defend on the grounds that it is statute barred. Depending on what type of debt this is, it may be a good idea to ask for the Consumer credit Act agreement for the debt. National Debtline can explain when and how to do this: 0808 808 4000.
Carl Griffiths says
Hi Sara
And thank you for the quick reply. Yes the forms are numbered as
N1SDT
N9SDT
N9A
N9B
Yes I’ve just called the court and it is an original claim.
The claim is for a Barclaycard that I stopped paying and using around 5/6 years ago. I am not 100% sure if it has gone over the 6 years to be honest.
So do I telephone the debt number you have given and would they be able to trace when the last payment was made? And to my understanding it has to be 6 years or over to make it statue barred? What if it is a few months off it actually being 6 years as I think it is not that far off if not already. Sorry for so many questions, I am just a bit worried.
Thanks
Carl
Sara (Debt Camel) says
National Debtline can’t trace when the last payment to the debt was. You can ask the creditor to give you a Statement of Account that will say where they think the last payment is. But it’s also a good idea to get your back bank statements to make sure.
If it is just under the 6 year period, then statute barred isn’t a possible defence.
As it was a credit card, you should definitely ask them to produce the Consumer Credit Act agreement for the debt – if they can’t, then that is another possible defence. National Debtline can explain how to do this.
National Debtline can also explain about completing the court forms and the timescales. And help you look at the full picture – do you have other problem debts etc.
The Legal Beagles forum is also good for help with defending court cases.
John says
Hello
I have a question regarding a claim form, I have just received one, it has the symbol you showed at the begining of this article and the stamp aswell but both are printed on the paper, the stamp is not original, can this form be a genuine one or is fake?
Thank you!
Kind regards!
Sara (Debt Camel) says
If it came with Other forms (N9 – Response pack; N9A – Admission (specified amount); N9B – Defence and counterclaim.) it is unlikely to be fake. If you would like to be sure, phone the Court up on Monday and ask them.
Carl Griffiths says
Hi
I phoned the number and it is a genuine claim. So I have wrote to the claimant asking requesting the cca using the template you sent. With the postal order of £1. So I am awaiting their reply. I received their letter on 28th august, I replied on the 7th September. I’ve not heard anything yet. I hope I’ve done it the right way?..
Sara (Debt Camel) says
You need to urgently put in a defence to the Claim. Contact National Debtline on 0808 808 4000. or try their webchat. if you don’t you will lose this case “in default”
Carl Griffiths says
Hi
I’ve spoke to the debt line online and they told me to register online to acknowledge the debt. I registered and it says online that a claim was made against me on the 21/8. A judgement has been made 18/9.
What does this mean and would you know what situation I am in now?
Thanks
Sara (Debt Camel) says
It means you have a CCJ :( You need to talk to National Debtline again asap to see if there is anything you can do.