Admitting a claim Flashcards
How is a claim admitted and when?
Admission form is contained in a response pack sent to D with the particulars of claim
Form N9A for specified claims or
Form N9C for unspecified claims, non money claims or return of goods claims
D wishing to admint in full or part needs to complete the form and send it to court within 14 days of deemed date of service of the particulars of claim
What happens if D admits in full or part a specified claim?
Amount needed to be paid will be known
interest will be calculated to the date of payment
fixed court costs will apply
D will indicate on N9A form if they admit whole or part of the claim
C will have a right to enter into a judgement against the defendant unless D is a child or a protected party
D will need to file a defence in relation to unadmitted balance of the claim
What happens if D admits an unspecified claim?
The quantum - so the amount of money that needs to be paid is unknown
Quantum needs to be decided
D may admit claim to pay the whole claim for an unspecified amount or offer a sum in satisfaction of the claim
This will be indicated on N9C form and state the sum in offer of satisfaction
If the whole claim is admitted, the court will enter a judgement for an amount to be decided later by the court and the costs
C can accept the amount offered in satisfaction or for an amount to be decided later by the court alongside costs
What is requesting a time to pay and when is it available
Available for specified amount of money
A proposal to pay by a certain date or by instalments
Specified in the admission form
D must specify if they are unable to pay immediately and the reason
If c does not accept the request for payment the court will determine the rate of payment
What is the effect of entering a judgement after a claim is admitted?
The claimant will be notifed the claim is admitted
Judgement disposes of the claim
judgements for money are entered on public searchable registers for 6 years - can have impact on credit rating
Why may parties want to settle and how?
Might conclude an admitted claim
this uses an order that stops short of a judgement - eg a Tomlin Order or C agrees to withdraw a claim
If a specified claim has been admitted and paid in full within 14 day of responding to the claim it is unlikely a judgement will be entered
What will the judgement comprise in an admitted specified claim in terms of costs?
the amount of teh claim and debt
interest to the date of issue of the claim
interest since the date of issue using daily rate of particulars of claim
court fees
fixed fees as per CPR 45
What will the judgement comprise in an admitted unspecified claim
Judgement will be on liability only
There will be no amount of damages recorded
Matter will be listed for a hearing where evidence will be heard on issue of quantum and judge will hand down a judgement recording the amount due and interest and costs
How is a judgement entered after a claim is admitted?
no judicial involvement
C will file paperwork which will be processed by court staff
There is no hearing
C completes a request for judgement and reply to admission form within 14 days of receiving notice of admission
On the form they will indicate judgement amount, interests court fees and fixed costs and any payments made by defendant already
When must D pay after a judgement is entered?
Within 14 days of the judgement
