In order to commence a claim an N1 (claim) form needs
to be completed. This document should contain particulars of the circumstances
and amount of the claim (quantum), the Court Fees and any applicable
interest, costs and expenses. Details of the parties and particulary
the address for the service of proceedings are essential and should
also be included together with a brief summary of the claim.
ClaimsLink (UK) Ltd will complete the N1 form on your behalf, have
it legally vetted and filed at the appropriate County Court (online
or otherwise) promptly upon receipt of cleared funds in respect of
the applicable Court and administration fees.
Service of proceedings is carried out by the Court using
first class post. An acknowledgment of service is sent out from the Court
advising the date of issue and the date of postal service. This form also
advises a time limit for the Defendant to make a response. If there is no
response the Request for Judment on the bottom of the form should be completed
and returned to the Court.
The Request for Judgment is filed by
ClaimsLink on receipt of the filing fee of £10.00 (please see our
fees and costs page.
If the claim is defended the Court will send out a notice
to that effect to the Claimant along with an Allocation Questionnaire.
This should be completed as quickly as possible and returned to the
Court. If the claim is for more than £1,500.00 an allocation
fee of £100.00 is also required by the Court.
Within the Allocation Questionnaire is
the facility to change the location of the court hearing. You can select your
local court by looking in the telephone directory for the "County Court" and
including this with a reason for the selection: local to you, local to your
place of work, local to both you and the Defendant.
On receipt of the
Allocation Questionnaire the Court allocate the claim to ther appropriate track
- usually the Small Claims Track - and will set a date for a hearing.
This Notice confirms that the claim has been
allocated to the Relevant rack and advises of the date and time for the
hearing. Also on the form are the District Judges instructions. These
instructions usually request that any statements or documentary evidence which
is to beproduced at the hearing must be forwarded to the Court and the other
side by a specific date.
It is essential that the instructions are
complied with otherwise the Judge may well rule that the documents are not
admissable.
If no defence is filed the Court will be
requested to issue a Judgment in Default. This details how much the Defendant
must pay the Claimant. The Judgment will have been entered on the Register of
County Court Judgments - but this entry is removed if payment is made within
one month of the date of the Judgment.
Obtaining a Judgment is just
the first part of the recovery process - please see our page dealing with
enforcement to see the various methods of
enforcing a Judgment.
