Responding to a County Court debt claim in England and Wales
By Mr Bankruptcy
21st August 2025
PLEASE NOTE THAT JAMES ROSA ASSOCIATES ARE NOT AUTHORISED TO PROVIDE LEGAL ADVICE – YOU SHOULD ALWAYS SEEK PROFESSIONAL ADVICE FROM A SOLICITOR IN RESPECT OF LEGAL CLAIMS. THIS ARTICLE IS FOR GENERAL INFORMATION PURPOSES ONLY.
Receiving a court claim can be a stressful experience, especially if you’ve never had experience of court procedures and you’re unsure how to respond.
However, it is essential to take prompt action to protect your rights and avoid some potentially unpleasant consequences because it won’t just go away if you ignore it.
Understand the claim
Creditors must follow a correct process before filing a claim in the County Court (pre-action protocols). The first step is to send a debtor a notice of the debt owed. You should have had some warning of a problem debt, and time to respond, before the creditor can then issue a letter of claim via County Court.
When you receive a County Court letter of claim, carefully read the form and the particulars of the debt claim. Ensure you understand the amount claimed, the reason for the debt, and any supporting evidence provided. Verify that the claim is valid and that you owe the amount stated. Unfortunately, scamming is all too common these days.
You should receive a claim pack, which includes:
- The claim form containing details of the debt and the claimant
- A response pack (forms for you to reply with)
- Particulars of the claim (explains why the money is owed)
You usually have 14 days from the date of service of the claim pack in which to respond.
Respond to the claim.
You have several options to respond to a County Court claim:
- Pay in full. You agree you owe the money and you’re in a position to pay it all to the Court.
- Admit the claim. You acknowledge the debt and accept liability ,but you need time to pay. Fill in the admission form and propose a realistic payment plan which the Court may approve;
- Part admit the claim. If you agree to part of the claim but dispute the remainder, specify clearly what you accept and explain the basis for disputing the rest. Support your position with evidence. You will need to fill in both the admission and defence forms;
- Dispute the claim. If you believe the claim is unjustified, you can defend it entirely. Prepare a robust defence with supporting documents, and file a defence using the defence form;
- Request more time. If you need more time to prepare your defence, file an Acknowledgment of Service to extend the deadline to 28 days.
Preparing your defence
It’s a good idea to get some professional advice from a solicitor to choose the best option for you, but if you do decide to dispute the claim you may need help to prepare a defence.
Address every part of the claim made against you, responding to each point separately to confirm which points you admit and which you are disputing. You must present your version of events clearly and in a logical order, including supporting evidence such as contracts, payment records, and relevant correspondence with the claimant.
Make sure you highlight any procedural Irregularities if applicable, even any mistakes in naming on the paperwork, inadequate service, or lack of particulars. As well as protecting your legal rights, it can strengthen your case.
Submit your response
Submit your response online via MCOL or by post, depending on your preference. Ensure you meet the deadline or you could become subject to a default judgment. If you’re unsure about the process then seek professional advice from a solicitor. A mistake could be costly.
What happens next?
After submitting your response, the court will review your defence and may decide on one of the following actions:
1. Assign your case to a track; depending on the value of the claim, your case could be allocated to the Small Claims track, Fast Track, or Multi-Track.
2. It could schedule a hearing date to hear your evidence and resolve the dispute.
3. A County Court could also invite parties to mediate in order to resolve the dispute without the need for a full trial. This is quicker and cheaper all round.
The consequences of ignoring a County Court letter
Ignoring a debt court claim can lead to some very serious consequences:
- A default judgment. The court enters a default judgment against you in your absence, making the debt immediately payable.
- County Court Judgment (CCJ). A formal decision made by the court, stating that you legally owe money to a creditor. It sets out how much you owe, how to pay and to whom. It becomes a public record so it can affect your credit record and trigger enforcement action.
- An Enforcement Action. This is when one or more creditors take further action to recover the debt, which might involve instructing bailiffs or applying for an attachment of earnings order (a legal tool to recover unpaid debts by deducting money directly from your wages).
Responding to a court claim requires prompt action and careful thought. I’ve been in a serious debt problem myself and I know how the stress can demotivate and confuse your thought processes, but fortunately, civil courts these days try not to be as intimidating as they once were, and if you get the right help, understand your options and prepare an honest, robust defence, you can protect your rights and achieve a favourable outcome.
James Rosa Associates – a personalised approach
At James Rosa Associates we offer a full range of advice and professional services to individuals, business owners and directors facing unmanageable debt. We also help in civil or commercial disputes.
In addition to debt support and advice, our full range of services includes:
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