To file your claim, you’ll need to fill out form N1. The information in the claim form should match the details provided in your letter of claim if you have sent one. This includes information about the parties involved, court details, a brief description of the claim, the claim’s value, and the court-issued fee.
You have the option to file your claim at the Civil National Business Centre or online through Money Claim. A court fee is required for claims in the small claims track. The issue fees range from £35 for claims worth up to £300 to £455 for claims worth up to £10,000.
Please remember the following information:
The fee is added on top of the amount you are claiming. Before submitting your claim, make sure that everything in the claim form is written clearly and makes sense. Check that all details are correct, including the party names.
After you have filled out your claim form, send it to the court along with the required fee. The court will then confirm the issuance of your claim and provide you with a copy of the form. This copy will be stamped with the court seal and the date of issuance. The court will also serve the claim on the defendant.
The claim document must specify the deadline for the defendant’s response. Additionally, you can also serve the claim to the defendant to ensure they have received it, including a response pack.
The response pack is composed of the following forms:
- The main document form N9, which includes acknowledgement of service
- Notes for the defendant form N1C
- The admission form for specified amounts form N9A
- The defence and counterclaim for the specified amount form N9B.
What happens next?
A defendant has 14 days from the date of receiving the claim to file and serve a defence. The claim documents may specify the deadline. Additionally, a defendant can file an acknowledgement of service, which is included in the response pack, to receive an extra 14 days.
The defence
The defence outlines the defendant’s response to the claim and should closely follow the response letter if one was sent. The defence must be filed with the court and served on the claimant within the specified deadline. If the defendant fails to submit a defence within the deadline, they will be in default and a judgment may be entered against them. The court may issue an order to this effect.
Enforcement action can be taken against the defendant based on a default judgment order. However, the defendant has the right to apply to have the default judgment set aside. This might be because they did not receive the claim or for other valid reasons. The courts may allow the defendant to file a defence even if the deadline has passed. If the court sets aside the default judgment, it will set a new deadline for the defendant to file their defence.
For support, please email us at: philip@whitecollarlegalandadmin.com or phone 0151 230 8931.
Alternatively, book a free consultation here: https://whitecollarlegalandadmin.com/contact/