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A "Claim" (previously known as a County Court Summons) is a formal document sent by the Court to a debtor when the creditor (known as the Claimant) has begun legal proceedings against them for an outstanding debt owed to them.
If you do receive a Claim form do not panic! However, failure to respond to a County Court Summons will result in further legal action from the courts so must be acted upon immediately. The form MUST be dealt with within 14 days.
The form issued by the court is designed to establish how much you can afford to pay the creditor towards the arrears. You are asked to complete an income and expenditure form and also to provide details of your other debts. The courts are interested in looking at what you can afford.
You will receive a pack containing the following in the post:-
- The "Claim Form" containing details of the creditor’s case.
- An "Admission Form" for completion if the claim is not contested.
- A "Defence and Counterclaim Form" for completion if the debt is disputed.
- An "Acknowledgement of Service" for completion & return if more time is needed.
- Notes on completing these forms.
In most cases, you will need to complete the "Admission Form" N9A which contains a section for personal details, an Income/Expenditure section, and a box in which they can make an offer of payment.
Failure to respond to the paperwork will lead to a Judgement being passed in favour of the creditor- they will assume you owe the full amount stated and payment in full will be required.
You will not have to attend court. Instead you will receive details of the Judgment made against you by post. This will state the amount that you are to pay to that creditor each month.
If you feel you are unable to pay this amount you can apply for a Variation Order.
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