Below are listed the most common documents
which Claimant's will come across during
the progress of a Small Claim. Please
note that all such forms are fully
supported by the DCUK service and completion,
interpretation and filing are effected
as part of our telephone and email
support service - at no extra charge.
This is a form which the Defendant uses
to confirm receipt of the Claim Form
and advise both the Claimant and the
court that they intend to dispute/defend
the claims. The Defendant has 28 days
to provide details of the defence - failure
to do so means that the Claimant can
apply for Judgment
in Default.
Admission
(Specified
Amount)
N9A
If the Defendant decides to admit the
Claim they can respond with the Admission
form. The N9A is for if the whole of
the Claim is admitted and the Defendant
can use an N9B (detailed
below) if part of the Claim is admitted.
The N9A form allows the Defendant to
make a statement of their means and an
offer of payment either the whole amount
on a date specified by the Defendant
or in monthly installments.
The Claimant can accept the offer of
payment or decline it giving reasons.
Allocation
Questionnaire
N150
If the Defendant informs the court that
they intend to defend the claim an Allocation
Questionnaire (AQ) is forwarded to the
Claimant. The purpose of this form is
to allow the court to allocate the claim
to the appropriate track, fix a hearing
date and allow both sides to provide
the court with essential information
for the conduct of the claim.
The Defendant has the opportunity to
request that the hearing is at a court
local to them (although the court will
normally do this automatically) and both
sides are able to specify dates on which
they cannot attend a hearing.
The AQ also allows for both sides to
specify the names of witnesses attending
- make sure that you include yourself.
Application
For An
Order That
Debtor
Attend
Court For
Questioning
N316
This is the starting point for the implementation
for an Order
to Obtain Information. The Defendant is referred to as the Judgment Debtor and the Claimant is the
Judgment Creditor. The form details the
information which the Judgment Debtor
must produce and the Claimant (Judgment
Creditor) can specify other documents
or information which they consider relevant.
The form also gives the Judgment Creditor
the opportunity to request that they
are allowed to question the Judgment
Debtor in person - but good reason should
be provided for this.
Application
For Charging
Order On
Land Or
Property
N379
The form provides for information in
respect of the Defendant's property over
which the Claimant is seeking an order.
The form is detailed and requires significant
information about the property. In particular
the Land Registry Title Number, other
persons with an interest in the property
and if the Claimant is aware of any other
creditors.
It is usually advisable to obtain legal
advice prior to submitting this form.
Application
For A Third
party Debt
Order N349
The Third
Party Debt Order was previously known as a Garnishee Order. The form allows for the Defendant's
bank or building society details to be
included or for a party who is not a
bank or building society to be specified.
It is generally advisable to include
account numbers - but not essential.
However, the court do like to know how
the Claimant obtained the account information
and this should be included on the form.
Application
Notice
N244
This is a general purpose form and can
be used for an application to the court
for a specified order. A witness statement
or other form of evidence is required
along with a Statement
of Truth.
Claim
Form N1
The starting point for any claim. Full
details of all parties should be entered
along with the quantum and Particulars of
the claim. Clarity is important when
completing the N1 and it is advisable
to include a brief calculation as to
how the claimed amount is determined.
There is provision to include Statutory
Interest and the Particulars should be as detailed as possible. The court fee is required
to be paid at the time of filing the
N1 and a Statement of Truth must be completed.
defence/Counterclaim
(Specified
Amount)
N9B
If the Defendant disputes either all
or part of the claim they can file a
form N9B. The form also allows the Defendant
to state how much has been paid (if any)
how much is admitted (if any) and the
whole of the claim has been paid.
If the Defendant disputes the claim in
full there is a section for the detailing
of a defence If the Defendant intends
to make a counter claim they must pay
the appropriate fee when the form is
returned to the court.
General
Form of
Judgment
or Order
N24
When a judgment is entered at court as
result of a hearing or consideration
by a District Judge a Judgment Order
will be issued. Copies go to both the
Claimant and the Defendant and contain
detailed information in respect of the
Judgment. A straightforward Judgment
will detail:
The
sum in respect of the original
claim
Interest
Any
costs or expenses
The
total and how it should be paid
There will be a final date for payment
and if installments have been agreed
how these should be paid.
More complex judgments may require a
new hearing or further actions or documents.
Judgment
For Claimant
(In Default)
N30
If the Defendant fails to respond the
Claimant can apply for Judgment In Default.
This is normally granted as a matter
of process and both sides are forwarded
an N30 detailing what the Defendant must
pay.
Notice
Of Allocation
(Hearing)
N157
When the court have assessed the Allocation
Questionnaire the claim will be allocated to the appropriate track and a hearing date fixed.
The N157 details this and is forwarded
to both sides. Specific Directions are included on the form, in particular in respect of the filing of documents
prior to the hearing.
Request
For Judgment
N225
If the Defendant fails to respond to
the N1 Judgment
in Default is not automatic and this form is used to apply for same. Also, this form can
be used if the Defendant makes an offer
of payment - the Claimant having the
option to accept, decline and propose
alternatives.
On the form is the option claim additional
interest since the date of the claim
and court fees.
Request
For A Warrant
Of Execution
N323
If the Claimant requires the Court
Bailiff to enforce a judgment the N323 should be completed. On the form is the provision
for the Claimant's contact details including
telephone numbers. It is essential to
include these so that the bailiff can
make contact as necessary.
