![]() |
||||||||
CASH RECOVERY IN THE UK SMALL CLAIMS COURT |
||||||||
|
The important forms are:
This is a form which the Defendant uses to confirm receipt of the Claim Form and advise both the Claimant and the court that they intend to dispute/defend the claims. The Defendant has 28 days to provide details of the Defence - failure to do so means that the Claimant can apply for Judgment in Default.
If the Defendant decides to admit the Claim they can respond with the Admission form. The N9A is for if the whole of the Claim is admitted and the Defendant can use an N9B (detailed below) if part of the Claim is admitted. The N9A form allows the Defendant to make a statement of their means and an offer of payment either the whole amount on a date specified by the Defendant or in monthly installments. The Claimant can accept the offer of payment or decline it giving reasons.
If the Defendant informs the court that they intend to defend the claim an Allocation Questionnaire (AQ) is forwarded to the Claimant. The purpose of this form is to allow the court to allocate the claim to the appropriate track, fix a hearing date and allow both sides to provide the court with essential information for the conduct of the claim. The Defendant has the opportunity to request that the hearing is at a court local to them (although the court will normally do this automatically) and both sides are able to specify dates on which they cannot attend a hearing. The AQ also allows for both sides to specify the names of witnesses attending - make sure that you include yourself.
This is the starting point for the implementation for an Order to Obtain Information. The Defendant is referred to as the Judgment Debtor and the Claimant is the Judgment Creditor. The form details the information which the Judgment Debtor must produce and the Claimant (Judgment Creditor) can specify other documents or information which they consider relevant. The form also gives the Judgment Creditor the opportunity to request that they are allowed to question the Judgment Debtor in person - but good reason should be provided for this.
The form provides for information in respect of the Defendant's property over which the Claimant is seeking an order. The form is detailed and requires significant information about the property. In particular the Land Registry Title Number, other persons with an interest in the property and if the Claimant is aware of any other creditors. It is usually advisable to obtain legal advice prior to submitting this form.
The Third Party Debt Order was previously known as a Garnishee Order. The form allows for the Defendant's bank or building society details to be included or for a party who is not a bank or building society to be specified. It is generally advisable to include account numbers - but not essential. However, the court do like to know how the Claimant obtained the account information and this should be included on the form.
This is a general purpose form and can be used for an application to the court for a specified order. A witness statement or other form of evidence is required along with a Statement of Truth.
The starting point for any claim. Full details of all parties should be entered along with the quantum and Particulars of the claim. Clarity is important when completing the N1 and it is advisable to include a brief calculation as to how the claimed amount is determined. There is provision to include Statutory Interest and the Particulars should be as detailed as possible. The court fee is required to be paid at the time of filing the N1 and a Statement of Truth must be completed.
If the Defendant disputes either all or part of the claim they can file a form N9B. The form also allows the Defendant to state how much has been paid (if any) how much is admitted (if any) and the whole of the claim has been paid. If the Defendant disputes the claim in full there is a section for the detailing of a Defence. If the Defendant intends to make a counter claim they must pay the appropriate fee when the form is returned to the court.
When a judgment is entered at court as result of a hearing or consideration by a District Judge a Judgment Order will be issued. Copies go to both the Claimant and the Defendant and contain detailed information in respect of the Judgment. A straightforward Judgment will detail:
More complex judgments may require a new hearing or further actions or documents.
If the Defendant fails to respond the Claimant can apply for Judgment In Default. This is normally granted as a matter of process and both sides are forwarded an N30 detailing what the Defendant must pay.
When the court have assessed the Allocation Questionnaire the claim will be allocated to the appropriate track and a hearing date fixed. The N157 details this and is forwarded to both sides. Specific Directions are included on the form, in particular in respect of the filing of documents prior to the hearing.
If the Defendant fails to respond to the N1 Judgment in Default is not automatic and this form is used to apply for same. Also, this form can be used if the Defendant makes an offer of payment - the Claimant having the option to accept, decline and propose alternatives. On the form is the option claim additional interest since the date of the claim and court fees.
If the Claimant requires the Court Bailiff to enforce a judgment the N323 should be completed. On the form is the provision for the Claimant's contact details including telephone numbers. It is essential to include these so that the bailiff can make contact as necessary. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||