How To Defend a Claim

When defending a claim, you must be realistic in deciding, whether this claim against you is justified, and, will it succeed? If the answer to either statement is yes, then don't defend the claim, but admit it with a mitigation statement and if you canot pay the debt all in full, then complete the income / expenses schedule with an offer of what you can comfortably afford.

If you defend a claim which you know the claim will succeed, in cases where the claim is more than £10,000.00, costs will be awarded against you. In cases under £10,000.00, the party to succeed will not be able to claim their legal costs. However, if the claimant succeeds, and, can show you had no cause to defend the action in the first place, the claimant can ask the court for "wasted" costs.  This means you caused the claimant to spend monies which were unnecessary.

If you decide the claimant is entitled to part of the amount, then admit that part, but defend the balance but pay the amount you admit before you get to court.

You will receive a "Response Pack" from the County Court. Read it carefully and ensure you complete each section properly and legibly. At the top, you will find a date that the court deemed it was served on you and the date by which you have to return the completed forms which must be within 14 days.

Within the pack, there is also a form labelled Acknowledgement of Service. If you complete just this form and return it, this will give you 28 days to complete and return your defence. If you do not complete this form, you will only have 14 days to either admit all, part or none of the claim.

If you do nothing, the claimant can enter judgement against you.

If you require assistance in completing these court forms and any future paperwork, please contact me by going to my:

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