Notice Of Issue
Upon receipt of the Claim Form the court issues what is called a Notice of Issue, this is served on the defendant with a time frame of 14 days in which to respond to the court over the claim. The court will send out a Response Pack to the defendant, within the pack there are three forms for the defendant, these being;
Acknowledgment of Service: The Defendant has the option to acknowledge that the claim form has been served on them but request a further 14 days to compile a defence or counter claim. This means the defendant has 28 days from the date of the claim form to respond to the court.
Admission – Specified Amount & Unspecified Amount: This form gives the defendant the option to accept that the debt is due and offer a instalment plan, of which the court will possibly make an order that the amount offered can be paid, so long as it is as much as the defendant can afford. An Admission also gives the option to declare that they do not believe that the full amount you are claiming is the correct amount and they can put forward an offer of what they believe is the amount to be paid.
Defence and Counterclaim – Specified Amount & Unspecified Amount: As the title stipulates the defendant has the option to put a defence and / or counterclaim forward in respects to the claim issued by the claimant. For example if the claimant is claiming for unpaid goods, the defendant can fill in the defence and counterclaim stating that they never received the goods. (This would be rubbish of course if you have a signed Delivery Note).
If the defendant chooses to ignore the corespondence (preferable in most cases) you will get Judgment by default and we are then able to enforce for you. Please see our Enforcement section for more details.
BREAKDOWN OF SERVICES
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