THE UK INSOLVENCY HELPLINE

REPLYING TO A COUNTY COURT CLAIM

FORM

F From April 26 1999 there have been

significant changes to the County
A Court and High Court procedures and
all the fees have gone up. If your
creditor takes you to court then you
C need to follow the procedures below. If
you have a Mortgage or Rent
T Possession claim against you look at
our information pack ‘Dealing with
your Debts’ or  phone us for
advice.
IF YOU AGREE YOU OWE
THE DEBT
• There will be a Reply Form with
the Claim Form for you to make
your offer of repayment. This is
called the "Admission Form" or
N9a. There are instructions
included on how to fill in the form.
It looks quite like a Personal
Budget Sheet and asks for similar
information on income and
essential outgoings. See the sample

S WHAT IF MY CREDITOR
TAKES COURT ACTION?
•
form at the end of the factsheet.

There is a section you can fill in to

H • Many people are frightened of

courts, especially when they feel
include the payments you make on
your priority debts. This is section
8 on the form. You also have space
guilty because they owe money.
E The County Court is not there to
judge anyone guilty or innocent,
to include any other court
judgments you may have. This is
but to settle disputes about money section 9 on the form. You can list
E owed, and how to repay it. The
court is not there to serve the
all your credit debts as well. This is
section 10 on the form.

T •
interests of the creditors alone.
If court action is taken, you will
It is important to make an offer of
payment on the form. This is
Section 11 on the form. If you
not usually have to go to a court
leave it blank the court will decide
hearing. Most of the procedure is
you have not made an offer. They
done through the post.
will tell you to pay the whole debt
N • You will receive a "Claim Form"
from the court (this used to be
at once “forthwith”, or order you
to pay the monthly payments the
creditor asks for. If you don’t pay
O called a Default Summons). This
will come through the post and tell
you how much the creditor says
what the court has ordered the
creditor can enforce the County
you owe. Court Judgment in a variety of

20 • The claim form will usually

include details of the debt known •
ways.

Fill in the form and send it back to

as the "Particulars of Claim" but the creditor (called the "claimant")
the creditor can send this separately at the "address for service" not the
within 14 days. court.
Replying to a County Court Claim Form:
1

It is very important that you send the form to
the "address for service" at the bottom of Page
2 of the Claim Form. This might be a solicitor's
address rather than the actual creditor.
• There is a time limit of 16 days from the date
of the postmark to send back the form. If you
don't send it back the court will give judgment
against you and order you to pay the whole
debt in one lump sum immediately or
“forthwith”. It is a good idea to send the form
recorded delivery and keep a copy.
JOINT DEBTS
If your debt is in joint names your creditor may
send out separate Claim Forms to you and the
other person who is liable for the debt. You will
both need to fill in separate Reply Forms and
make sure you put an offer of payment in the
OFFER OF PAYMENT box on each form. This is
section 11 on the form. If you leave one form
blank, or only send back one Reply Form, the
other person may get a judgment telling them to
pay the debt in one lump sum. If you have worked
out offers of payment to creditors put half of the
offer on each Reply Form and enclose a full
personal budget sheet and list of creditors.
Explain what you have done in Section 11 on each
form.
WHAT HAPPENS NEXT?
• If the creditor accepts your offer you will
receive a County Court Judgment from the
court, telling you to pay in monthly
instalments. You should send your payments
to the creditor not the court. Keep a record
of what you have paid and when.
• If the creditor does not accept your offer the
court will decide (or "determine") what you
should pay each month.
• If you owe under £50,000 the court staff will
usually decide what you should pay without a
hearing, although they can ask a District Judge
to make a decision if they feel the issues are
Replying to a County Court Claim Form:
complicated. If you owe over £50,000 the
District Judge decides either by looking at the
papers or at a hearing in your local County
Court.
• If you cannot afford what the court has decided
you should pay, you can apply to the court to
look at your offer again. This is called a "Re-
determination". There is no fee for doing this.
You must do this within 14 days of getting
the Order. You can do this by simply writing
a letter to the County Court. Quote your case
number. Attach your personal budget sheet
and explain why you disagree with the order
the court has made.
• The "Re-determination" will be done by a
District Judge. Where an order was made by
the court staff, the District Judge can decide to
have a hearing or make a decision by looking
at the papers. You can ask for a hearing when
you write to the court to ask them to look at
your case again.
• If a District Judge made the original order
without a hearing then the "Re-determination"
of your offer must be decided at a hearing.
• If there is a hearing, the case will automatically
be transferred to your local County Court so
you can attend. The court will give you a
hearing date. You must go the hearing which
should be in the District Judge's rooms (in
private). Take a copy of your Personal Budget
Sheet.
WARNING: If a District Judge made the first
order on how much you should pay at a
hearing you cannot apply for a "Re-
determination" but must apply for the monthly
payments to be reduced or "varied". See
"Reducing Payments on Court Orders"
below.
2
 IF YOU DISAGREE WITH WHAT
THE CREDITOR SAYS YOU OWE
If you don't agree with the amount of the debt they
say you owe then you must either:
• Fill in the Defence Form. In this case send the
form back to the court within 16 days.
or
• Fill in the "Acknowledgement of Service" form
and tick the box to say you wish to defend all
of the claim. Send the form back to the court
within 16 days. This gives you another 14 days
after that to complete your Defence Form and
return it to the court.
• If you agree you owe only part of the debt,
then you have to fill in both the Admission
Form and the Defence Form and send them to
the court.
Putting in a defence or counterclaim is
complicated. Phone us for advice.
REDUCING PAYMENTS ON COURT
ORDERS
The monthly payments you have been ordered to
make can be reduced if your circumstances change
or if you can’t afford them. You can apply for a
reduction using form N245 which you can get
from the local County Court Office. There is a fee
to pay.
If you want to reduce the instalments you are
paying to the court, The UK Insolvency
Helpline have a detailed factsheet “Reducing
payments or suspending a bailiffs warrant
on a County Court Judgment”.
 Phone us on 0800 074 6918 for a copy.
FEES
There will usually be a fee to pay with your
application. If you are on a low income or certain
benefits you may not have to pay the fee. See the
section on fees at the end of this factsheet.
Replying to a County Court Claim Form:
ENFORCEMENT OF COUNTY
COURT JUDGMENTS
If you do not pay what has been ordered by the
court on your judgment then the creditor can
attempt to enforce payment through the court in
the following ways.
It is important to realise that the creditor
cannot enforce the judgment against you if you
are up to date with the payments ordered by
the court.
INFORMATION ORDER
Before using enforcement action a creditor may
ask you to go to court for an interview about your
income, outgoings and any assets you have, such
as your house. This is called an “Information
Order”. This can happen at any time and not
just when you miss a payment. The interview
consists of a set of standard questions and you may
be asked to bring things like your pay slips and
credit agreements to the interview. It is very
important that you go to the interview or tell the
court if you cannot go. The court can actually
send you to prison for not co-operating with the
process so you must act if sent an interview date.
If you want further help on Information Orders
phone us for advice.
ATTACHMENT OF EARNINGS
The creditor can only apply for an Attachment of
Earnings Order if you are employed. This means
that the court can order your employer to deduct
an amount from your wages every month to pay
back your debt. The creditor has to make an
application to the court and you will be sent a form
to fill in and return to the court outlining your
income and outgoings. The court then sets the
amount that will be taken from your wages. You
can ask the court to suspend an Attachment of
Earnings Order if your job will be affected. We
have a factsheet called “Attachment of Earnings in
the County Court”.  Phone us for advice.
3
 CHARGING ORDER
This is a way in which the creditor can ask the
court to put a charge on your home which
basically “secures” the debt, so it must be paid off
when the house is sold. Some creditors will ask
the court to make a judgment for you to pay the
debt back immediately or “forthwith” so that they
can ask for a Charging Order to be made as soon
as you don’t pay. It is getting more common for
the court to agree this even where you have made
an offer to pay in instalments by replying to the
County Court Claim. If this happens to you
phone us for advice immediately. You may
be able to get the court to change its mind by
asking for a redetermination within 14 days of
getting the Order. Alternatively you can ask to
pay in instalments by putting in a County Court
form called an N245 application.
A Charging Order application is a two stage
process and there must be a hearing in front of a
District Judge before it is made final. Having a
Final Charging Order does not mean you will lose
your home. A further application has to be made
asking the court to order a sale of your home. It is
unusual for the court to agree a creditor’s
application to be allowed to sell your home. We
have a factsheet on “Charging Orders in the
County Court.” Phone us for advice.
Replying to a County Court Claim Form:
BAILIFFS
The creditor can ask the County Court bailiffs to
call at your home with the aim of taking your
goods. It is very important to know that bailiffs do
not have the right to come into your home unless
you have let them in before. Do not let them in.
It is usually straightforward to get a bailiffs
warrant suspended using a County Court form
called an N245. We have a factsheet called
“Suspending a Warrant/Reducing Instalments on a
County Court Judgment.”  Phone us for
advice.
THIRD PARTY DEBT ORDER
This is a way in which your creditor can instruct
someone who owes you money to pay the creditor
instead. The most likely way a Third Party Debt
Order would be used is where your creditor finds
out you have savings in the bank and wants your
bank to pay your savings to the creditor. It is a
fairly unusual procedure and involves a court order
freezing the account and a hearing in front of the
District Judge. If your creditor is threatening to
use this procedure phone us for advice.
4
 COUNTY COURT FEES

DO I HAVE TO PAY A FEE FOR AN APPLICATION IN THE COUNTY COURT?

There will usually be a fee to pay with your application. You can ask the court not to pay the fee in some
circumstances. The form you will need to fill in is called an EX160 "Application for a fee exemption or
remission." This form needs to go to the court with your main application. If the court agrees your
application you will not have to pay the fee. If you pay a fee when you should have been exempt or would
have qualified for a remission, then you have six months to apply to the court for a refund.

EXEMPTIONS

If you are on income support or income-based jobseeker’s allowance (JSA) you can ask the court for
exemption from the fee. You need to give the court proof that you are getting the benefit. You will also be
exempt if you or your partner are on the guarantee credit element of pension credit.
If you are on working tax credit you will be exempt from the court fee in these circumstances:

if you are also on child tax credit,

or
you receive the disability or severe disability element in your working tax credit,
and in either case
your gross annual income taken into account for working tax credit is £15,460 or less (from 6 April 2006).
You will need to show the court your tax credit award notice to qualify.
If you do not qualify under these rules for an exemption then you can ask for the fee to be remitted or
waived by the court. See below.

REMISSIONS

Ask the court for the fee to be remitted (or waived) if it will cause you what the court calls “undue financial
hardship”. You can use the same EX160 application form. You may be on a low income or a benefit that
does not automatically exempt you from paying the fee. Give as much information about your circumstances
as you can. Explain your financial situation on the application form and any exceptional circumstances that
apply in your case. The court can remit all or part of the fee depending on what they decide you can afford.

REMEMBER: You can always contact us for advice about any difficulty you have in
dealing with your debts.

Freephone: 0800 074 6918

Website: www.insolvencyhelpline.org
© Copyright Money Advice Trust (updated May 2006)

Whilst we endeavour to keep our factsheets as up to date as possible, The UK Insolvency

Helpline cannot be held responsible for changes in legislation or for developments in
case law since this edition of the factsheet was issued.

Replying to a County Court Claim Form:

5
 In the
Admission (specified amount)
Claim No.
You have a limited number of days to complete Claimant
and return this form (including ref)
Before completing this form, please read the notes
or guidance attached to the claim form Defendant

When to fill in this form

Only fill this form if you are admitting all or some of the
claim and you are asking for time to pay,
2. Dependants (people you look after financially)
Number of children in each age group
How to fill in this form
Tick the correct boxes and give as much information as you Under 11 11-15 16-17 18 & Over
Can. Then sign and date the form. If necessary provide
details on a separate sheet, and the claim number and attach Other dependants
it to this form. (give details)
Make your offer of payment in box 11 on the back of this
from. If you make no offer the claimant will decide how 3. Employment
much and when you should pay. I am employed as a
If you are not an individual, you should ensure that you My employer is
provide sufficient details about the assets and liability of
your firm, company or corporation to support any offer of Jobs other than
payment made in box 11. main job (give details)
You can get help to complete this form at any county court
office or Citizen Advice Bureau.
I am self employed as a
Where to send this form Annual turnover is £
If you admit the claim in full.
Send the complete form to the address shown on the claim I am not in arrears with my national insurance
form as one to which documents should be sent. Contributions, income tax and VAT
If you admit only part of the claim
Send the form to the court at the address given on the claim I am in arrears and I owe
from, together with the defence form (N9B), £

How much of the claim do you admit? Give details of:

I admit the full amount claimed as shown (a) Contracts and
other work in hand
I admit the amount of £ (b) any sums due
for work done

1. Personal Details
I have been unemployed for Year months
Surname

Forename I am a pensioner

Mr Mrs Miss Ms
4. Bank account and savings
I have a bank account
Married Single Other (specify) The account is in credit by £

Age The account is overdrawn by ££ ££££££ £

Address I have a savings or building society account
the amount in the account is
£

5. Residence
I live in my own house lodgings
Postcode
My jointly owned council
house accommodation
Tel No
Rented accommodation

N9A Form of admission

Replying to a County Court Claim Form:

6
6 Income 8 Priority debts (This section is for arrear only
Do not include regular expenses listed in box 7)

My usual take home pay (including Rent arrears £ per

Overtime, commission, bonuses etc)
£ per Mortgage arrears £ per
Income support Council tax/Community Charge arrears
Child benefit(s) £ per £ per
£ per Water charges arrears £ per
Other state benefit(s) Fuel debts Gas
My pension £ per £ per
£ per Electricity £ per
Other living in my give me Other
Other income (give details below) £ per £ per
Maintenance arrears £ per
£ per Others (give details below)
£ per
£ per
£ per
Total income £ per
Total priority debts £ per

7 Expenses 9 Court orders

(Do not including any payments made by other members of the
household out of their own income
Court Claim No £ per

I have regular expenses as follows:

Mortgage (including second mortgage) £ per
Total court order instalments £ per
Rent £ per
Council tax £ per Of the payments
Gas £ per above, I am behind
with payments to
Electricity £ per
(please list)

Water charge £ per

10 Credit debts
TV rental and licence £ per Loans and credit card debts (please list)
HP repayments £ per £ per
£ per
Mail order £ per £ per

Housekeeping, food, school meals Of the payments

£ per above, I am behind
Travelling expenses £ per with payments to
(please list)

Children’s clothing £ per

Maintenance payments £ per
11 Offer of payment
Others (not court orders or credit I can pay the amount admitted on
Debts listed in box 9 and 10)
or
I can pay by monthly instalments of
£ per £
If you cannot pay immediately, please give brief reasons below
£ per
£ per

Total expense £ per

12 Declaration I declare that the details I have given above are true to the best of my knowledge

Signed Position or
Office held
(if signing on
Date behalf of firm or
Company)