THE HOME OF NEWCASTLE'S LEGAL EAGLES
A claim has been made against me, what options do I have?
09 Feb 2018 Answered by Sarah Farish
Having legal proceedings brought against you or your business can be daunting. You may not have known that proceedings were on the cards and you may not know what steps to take next.
Here is what you need to know:
First and foremost, it is important that you do not ignore the claim. You may find yourself with a CCJ in either your name or the name of your business, which can affect your credit rating.
You only have a short period of time at act after receiving a claim. You must respond within 14 days.
Your response can be one of the following:
Admit the claim in full. This means that you admit liability for the monies owed. You must send in the response form stating that you admit the claim. You can then either pay in full or negotiate a payment plan. Remember to ask for a receipt(s) as evidence of payment.
Defend the claim in full. You will have to complete the defence (and, if applicable, the counterclaim form) ensuring you have dealt with each point raised in the claim in turn. If any points in the claim are not specifically responded to in your defence, the Court will infer that they are admitted by you. If you require more than 14 days to draft your defence, you can complete and file the acknowledgement of service form, allowing you an additional 14 days to complete your defence.
Where you have already paid the monies owed, fill in the defence stating this and send it into the Court who will then inform the claimant of position. Include any proof of payment (e.g., bank statements/receipts) as evidence. The claimant will either agree the monies have been paid or continue with the claim as they may still wish to claim for the court fee and any other expenses.
At Short Richardson & Forth, our litigation team are here to help you from start to finish. Where you have received a claim and want further help and advice regarding your next steps, do not hesitate to contact Alexandra or Tim on 0191 232 0283.