Defending a Court Claim & County Court Action
Have you received Court papers and you want to defend the Court Claim? We have a team of experienced lawyers who can deal with all types of County Court cases and defend the Court Claim.
You may have received a Claim Form from the County Court Money Claims Centre (based in Salford now closed), County Court Business Centre, or Civil National Business Centre (based in Northampton).
Do you need help with Defending a Court Claim? Book a Free Consultation Call by calling 0208 185 0990.
Have You Received a Claim Form and Want to Defend The Court Claim?
Firstly, the Court papers should include a Claim Form and/or Particulars of Claim along with other forms. Please note the court forms are auto-generated and contain important dates for you to comply with.
Secondly, the Court papers should not be ignored. You have a specific timeframe to prepare an Acknowledgment of Service or the Defence Form. Usually, the timeframe to send the Acknowledgment of Service is 14 days from the date of service of the Claim Form, but this can be extended to 28 days.
The earlier you seek legal advice, the more time you provide to your legal adviser to prepare the Acknowledgment of Service and/or the Defence Form possible for your case. Failure to seek legal advice, may result in the Claimant obtaining a Default Judgment against you.
What if I ignore the Claim Form?
Once the Claimant starts Court action, the Court will post the Claim Form to the Defendant and allow 14 days to prepare the Defence Form. During this period, the defendant has three options:
1. Settle the debt in its entirety by paying the debt.
2. Pay the amount they believe they owe or propose a payment plan.
3. Request an extension of 14 days to prepare a Defence.
If you ignore the Claim Form and the Court papers, the Claimant may be able to enter Default Judgment which will result in a County Court Judgment (‘CCJ’) against you. A CCJ will remain on your credit record for six years if it is not paid off within 30 days of receiving the CCJ. This will negatively impact your credit rating and possibly your future employment opportunities as well.
How To Defend a Court Claim?
There are several issues that need to be considered before defending the Court Claim by preparing the Defence Form such as:
- Was the Claim Form served properly? The claim form should be served at your ‘last known address’.
- Was the claim issued in time? A claim for breach of contract and/or professional negligence has a time limit to start the claim or else they are time-barred.
- Did the court papers include the correct documents? If a Claimant is relying upon a written contract then, this should be attached to and served with the claim form or particulars of claim.
- Did the court papers involve a verbal agreement? If a Claimant is relying upon an oral contact, then the claim form or particulars of claim must specify the terms of the oral contract i.e. what words were spoken? By whom to whom? When, where and if there were any witnesses to the oral contract? If it doesn’t, then you can make an application to the court to stop the claim from progressing at a Judge’s discretion.
After considering the above initial points, the next stage is to provide a paragraph-by-paragraph response to the Claim Form. If you do not respond to an allegation and put forward your version of the event, this may be considered to be acceptance of the argument.
How Much Will It Cost to Defend the Court Claim?
We offer both individuals and businesses a number of funding arrangements for defending court claim and county court action. Depending on the value of claim, we can offer fixed legal costs and more information can be found at Fixed Legal Costs Litigation.
Worried About a CCJ?
Defending a claim in the county court can be both time-consuming and stressful. Mr Usman Anwar, Legal Direction at Anwar Legal has 10 years of experience in dealing with contract, consumer and property disputes.
We will make sure you are carefully advised of all Court deadlines, and that the drafting of your defence, witness statements, evidence, and expert reports are carried out with the care and individual approach you deserve. The truth is defending a civil claim is not an easy process, you can ‘pass the baton to us’ to minimise the stress for you.
We advise all our clients to consider whether early mediation is a possibility to negotiate a settlement. Mediation can be highly successful. For more information, read our blog Mediation and Alternative Dispute Resolution (ADR).
Contact Us
If you a lawyer to defend your court claim, we can help your case. To book a Free Consultation Call, with Mr Usman Anwar Legal Director, you can complete the Contact Us Form, or call us on 0208 185 0990.
Still not convinced? Read some of our business client’s success stories and testimonials on how they settled their disputes using our legal service.
