Debt recovery legal documents and right timing for legal response

The documents explained

The court will send to the claimant a form headed 'Notice of Issue (specified amount)'. The form notifies the claimant of the claim number allocated, the issue date and the date on which the claim will be deemed to be served. A part of this form is headed 'Request for Judgment' and this should be completed by the claimant and sent to the court, if and when he is in a position to do so. This may be when the time limit for filing a defence has expired without a defence having been filed, or when the defendant has admitted that all the money is owing. In addition to the claim form itself and, if applicable, the particulars of claim served separately, the defendant will receive:

A Response Pack
Notes for defendant on replying to the claim form (2 pages)
Defence and Counterclaim (Specified amount) (2 pages)
Admission (specified amount) (2 pages)

The Response Pack seems badly named because it is a single side of paper, but perhaps its name is derived from the practice of putting it on the top of the other documents. The Response Pack summarises the defendant's options and draws his attention to the 'Notes for defendant'. It contains a part entitled 'Acknowledgment of Service' which the defendant may use to claim an extension of the period allowed for filing a defence.

The Defence and Counterclaim form is for use if some or all of the claim is to be defended. It may also be used to make a counterclaim against the claimant. The Admission form allows the defendant to admit some or all of the claim. The defendant must use it to provide details of his financial circumstances and, if he is not making immediate payment of the part of the claim that is admitted, make a payment proposal. This will be either payment by instalments or payment at a specified future date.

Allowed time for the defendant's response

The time limit starts running from the deemed date of service. However, if the particulars of claim are served after the claim form, the time limit starts running from this later date. Particulars of claim served separately must be served within 14 days of the claim form.

The defendant has 14 days to file a defence and the claimant may submit a 'Request for Judgment' if he has not done so at the end of this period. However, the defendant may complete the Acknowledgement of Service part of the Response Pack and return it to the court. This states the defendant's intention to defend all or part of the claim, or to contest jurisdiction.

If this is done, the defendant is automatically allowed 28 days instead of 14 days. The intention to defend is not binding and the defendant can allow the 28 days to pass without filing a defence. The claimant can then submit 'Request for Judgment' at the end of the 28 days.

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