When you receive a court claim, responding promptly and effectively is crucial. Filing a defence allows you to dispute the claim or parts of it and present your side of the case. Failure to respond could result in a default judgment against you.
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.
• 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.
State why you disagree with the claim and provide factual reasons.
Reference supporting evidence, such as contracts, receipts, emails, or other documentation.
Respond to all allegations in the Particulars of Claim individually. You can:
• Deny the claim.
• Admit certain aspects.
• State you lack sufficient knowledge to respond to specific points (pending more information)
If applicable, file a counterclaim against the claimant if you believe they owe you money or compensation.
Use Form N9B to file your defence, or submit it via the Money Claim Online system if the claim was issued online.
Without acknowledgment: 14 days from the date you received the claim.
With acknowledgment : 28 days from the date you received the claim.
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.
• 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.
• Prepare evidence, including contracts, invoices, emails, or witness statements.
• For small claims, the process is informal and may involve a simple hearing.
• Fast track and multi-track cases may require legal representation and detailed evidence submission.
The court will confirm receipt of your defence and share it with the claimant.
The claimant may:
• Accept your defence.
• Contest your defence and proceed with the case.
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.
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 are unsure, consult a solicitor to ensure your defence is comprehensive.