You’ll have actually 1 month to reply to the letter of claim with the response kind. You really need to speak to your nearest people guidance.

Make use of the answer kind to:

• state you disagree your debt the debt



• inform your creditor you’re getting financial obligation advice and also have a visit – say you’ll need much longer than thirty days
• ask for more information from your creditor – for example, an account copy or statement of this credit contract

In the event that you’ve gotten a claim pack

Answer when you can. You’ll ordinarily have at the least 14 days to respond.

Use the ‘N9B: Defence and counterclaim’ form to share with your creditor you disagree you borrowed from the income.

You may have the ability to protect the claim if:

• you can easily show you’ve compensated the cash your creditor say you borrowed from
• you’re perhaps not the one who finalized the contract
• your creditor didn’t act precisely – for instance, they didn’t deliver you the right documents
• You were under 18 when the agreement was signed by you
• the full time limitation for recovering your debt has go out, typically 6 years

You can’t protect a claim since you:

• can’t manage to spend the income
• forgot the debt was had by you
• didn’t start the letters your creditor sent you

You may also make use of the ‘N9: Response pack’ to inquire of for an additional 14 days to organize your response. This can provide you with four weeks to respond. Protecting a claim may be complicated – you contact your nearest people information if you’d like assistance.

In the event your creditor takes your payment offer

What the results are is dependent on exactly just what phase associated with claims process you’re in.

It’s important to help keep to the new payment plan, otherwise your creditor may take further action that is legal you.

Inform your creditor in the event that you can’t afford your re re payment plan because your position changed. Your creditor might agree to lessen the quantity you will need to spend every month.

In the event that you’ve gotten a page of claim

Your creditor can accept your payment offer without going to trial. You’ll then get a letter confirming your payment that is new plan.

Your creditor can refuse your payment offer and have the court in order to make a choice on the situation. This doesn’t often include a court hearing. This could mean you’re asked to pay for significantly more than you really can afford.

Following the County Court Judgment happens to be made

It’s important to maintain re payments following the judgment happens to be made. In the event that you don’t, your creditor might ask the court to deliver bailiffs to your house. They are able to additionally secure your debt against your property – that is known as a ‘charging order’. You’ll find out more about recharging sales.

The judgment shall stick to your credit history for 6 years and may make it harder for you really to get credit.

You can ask the court to if you don’t agree with the judgment, or your situation has changed:

• review the judgment
• replace the re re payments
• cancel the judgment

Verify that the court can review the judgment

You’ll compose into the court to inquire of them to examine the County Court Judgment – it is called a ‘redetermination’. You’ll need certainly to request a redetermination within 14 days of this judgment.

You won’t require an application to ask for the redetermination, write a letter just towards the court.

You’ll request a redetermination if many of these apply:

• you can’t pay the repayments
• you’ve admitted the claim making an offer of re re payment, however your creditors have actuallyn’t accepted your offer
• The court set a payment plan without a hearing after your creditor didn’t accept your offer

Verify that the court can alter the repayments

The court can be asked by you to improve the re re payments – this will be known as a ‘variation’. It is possible to require a variation if the deadline was missed by you for a redetermination or your position changed.

Verify that the

In the event that you get yourself a County Court Judgment you don’t accept, you may be in a position to connect with cancel it – it is called ‘setting aside’ the judgment.

You need to ask for the court to set apart the judgment as quickly as possible. Learn how to ask the court to create apart the judgment.