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WHAT TO DO IF YOU GET A COUNTY COURT SUMMONS

 

If you’re sent a County Court Summons -- they’re usually printed on blue paper – you need to take immediate action.

It means a creditor has started legal action against you, and if you don’t respond, a judgment will be passed in their favour.
You will then have to pay the full amount of the debt.


Here’s what to do.
The summons will come with a pack containing the following:
(1) A Claim form giving the details of the creditor’s case.


(2) An Admission form which you complete if you’re not contesting the claim.


(3) A Defence and Counterclaim form for completion if you’re disputing the claim.


(4) An Admission of Service for you to complete if you need more time.


(5) Notes on completing these forms.

You have to deal with these within 14 days. (Filling in and returning the Admission of Service will give you an additional 14 overall.)

In most cases, the form you need to complete is the Admission form (N9A). It’s important to get it right, because it’s the document which will be used to determine the amount you’ll need to pay.

So let’s take it step by step.

(1) Fill in the top right corner section -- the name of the court where the claim will be heard, the case number, your full name and the full name of the creditor making the claim.


(2) If you’re not disputing the amount owed – and in most cases you won’t be -- tick the box, "I admit the sum claimed". If you are disputing it, tick the other box and fill in the counterclaim form.


(3) Fill in your personal details.


(4) Put in the details of your dependants, giving the number of children in each age group. Only complete the 'other dependants' section if there is anyone outside your immediate family solely reliant on your income.


(5) Enter your employment details, using the designated boxes.


(6) Provide details of your bank and savings accounts. You can estimate the figures, they don’t have to be exact.


(7) Tick the relevant box for the kind of property you live in. Don’t tick "own" unless the property is entirely in your name.


(8) In the section on income, all figures should be on a monthly basis. Your salary/income should be a Net figure, i.e. your actual take home pay. Your partner's salary goes in the category "Others living in my home give me". Rents should be included, as well as all benefits.


(9) Expenses figures are also to be calculated monthly. You’ll see that the spaces on the claim form are limited, so you’ll probably need to combine various types of expenditure under headings in order to give yourself enough room. “Transport”, for instance, would include all petrol, car hire purchase, car tax, MOT, car insurance and other travel costs. Don’t list luxuries such as Satellite TV, smoking or social activities -- creditors won’t accept them.


(10) If you only have a few credit debt creditors it may be possible to list each one separately in the box provided. If you have a large number it’s better to use the phrase "Total credit debt is approximately £...". If you’re behind with all your contractual payments, state this in the box below..


(11) In the final box, you should put down how much you’re able to pay each month. The calculation goes like this:

TO BE INSERTED

This is known as a pro rata Offer and shows that your monthly surplus has been fairly divided amongst all your creditors. You’ll need to negotiate a similar offer with your remaining creditors, even if they haven’t started legal action against you


(12) Sign and date the form and return it to the address on the front. (This will be the address of the Creditor.)


(13) Keep a copy.
If you need more information please contact one of our advisors.