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Guidance for defendants replying to a consumer credit act claim: N1(FD)

Updated 18 November 2024

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This publication is available at https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7/guidance-for-defendants-replying-to-a-consumer-credit-act-claim-n1fd

Reply to the claim

You must reply to the claim form within 14 days of the date it was served on you.

If the claim form was sent by post, the date of service is taken as the second day after posting (see post mark).

If the claim form was delivered or left at your address, the date of service will be the day after it was delivered.

If the claim form was handed to you personally, the date of service will be the day it was given to you.

You can either:

  • pay the amount claimed
  • admit liability for the claim and offer to make payments to keep the goods
  • dispute the claim

If you do not reply or attend the hearing, judgment may be entered against you.

Court staff can help you complete the forms of reply and tell you about court procedures, but they cannot give legal advice.

If you need legal advice, for example about the likely success of disputing the claim, you should contact a solicitor or Citizens Advice immediately.

Registration of judgments

If this claim results in a judgment against you, details will be entered in the Register of Judgements, Orders and Fines.

They will then be passed to credit reference agencies, which will then supply them to credit grantors and others seeking information on your financial standing. This will make it difficult for you to get credit.

A list of credit reference agencies is available from:

Registry Trust Limited

3rd Floor

12 Carthusian Street

London

EC1M 6EB

Costs and interest

Additional costs and interest may be added to the amount claimed on the front of the claim form if judgment is entered against you.

In a county court, the claimant may be entitled to further interest if a judgement is either:

  • for £5,000 or more
  • in respect of a debt that attracts contractual or statutory interest for late payment

How to pay

Do not bring any payments to the court – they will not be accepted.

When making payments to the claimant, quote the claimant’s reference (if any) and the claim number. Make sure that you keep records and can account for any payments made.

Proof may be required if there is any disagreement. It is not safe to send cash unless you use registered post.

Admit the claim

If you admit liability for the claim and offer to make payments in order to keep the goods, complete form N9C and send it to the court. This must be done within 14 days. You should keep a copy for yourself. The court will send a copy of your admission to the claimant and ask if your offer is acceptable.

If the claimant accepts your offer and asks the court to enter judgement before the date of the hearing, you will be sent a copy of the judgement. You will not need to attend the hearing. If you do not hear from the court, you should attend the hearing.

If your offer is not accepted, you should attend the hearing. The court will treat your admission as evidence, so you must bring a copy of your admission to the hearing.

Dispute the claim

If you dispute the claim or wish to claim against the claimant (counterclaim), complete form N9D and send it to the court. This must be done within 14 days. You should keep a copy for yourself and bring it to the hearing. The court will send a copy of your defence to the claimant.

At the hearing, the court may make a final order or judgement in the claim.

If the court agrees that you have a valid defence (counterclaim), it will tell you and the claimant what to do to prepare for a future hearing.

If you send your defence to the court after the 14 days has expired (and you want to rely on it at the hearing) the court may take your failure to file it on time into account when deciding what order to make in respect of costs.

Statement of truth

This must be signed either by you, your solicitor or litigation friend.

If the defendant is a registered company, the response must be signed by either:

  • a director
  • a treasurer
  • a secretary
  • a chief executive
  • a manager
  • another officer of the company

If the defendant is a corporation, the response must be signed by either the:

  • mayor
  • chairman
  • president
  • town clerk
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