Introduction to Forms N9B and N9D
When you receive a civil claim in England and Wales, it’s important to respond in the correct way and within the set deadlines. Forms N9B and N9D are official UK court documents designed for this purpose. They allow you to present your defence if you dispute the claim, and also to make a counterclaim if you believe the claimant owes you money or has caused you loss.
What are Forms N9B and N9D?
Both forms are part of the court forms used in civil proceedings. They give you the chance to explain your side of the story and, if relevant, ask the court to consider your own claim against the person taking you to court. Using the right form ensures your response is officially recorded, helps avoid delays, and makes sure your case is handled fairly.
Purpose of the Forms
- Defence: If you do not agree with all or part of the claim made against you, you must submit a defence. This is your opportunity to explain why you dispute the claim.
- Counterclaim: If you believe you have a claim against the claimant (for example, if they owe you money or have breached a contract), you can include this as a counterclaim on the same form.
Key Differences Between N9B and N9D
- Form N9B is used when the claim against you is for a specific, fixed sum of money (a “specified amount”). For example, if someone claims you owe them £1,000 for unpaid goods or services, you would use Form N9B.
- Form N9D is for claims where the amount is not specified, or for non-monetary claims (such as disputes about property or contracts where the value is unclear). If the claim isn’t for a fixed sum, or involves something other than money, you should use Form N9D.
Who Should Use These Forms and When?
You should use Form N9B or N9D if you have received a claim form and wish to dispute the claim, or if you want to make a counterclaim. These forms are typically required when:
- You have been served with a claim in the County Court or High Court and do not agree with the details or the amount claimed.
- You believe the claimant owes you money or compensation, or you have another legal issue to raise against them.
It is essential to complete and return the correct form within the deadline stated on your claim form (usually 14 days from the date you received it). Failing to respond in time could result in a default judgment against you.
For more detailed guidance on which form to use, and to access the official forms and instructions, see Form N9B for specified amounts and Form N9D for unspecified or non-money claims.
Understanding when and how to use these forms is a crucial first step in protecting your rights and ensuring your voice is heard in court. If you’re unsure which form applies to your situation, reviewing the guidance provided with each form can help clarify your next steps.
Understanding When to Use Form N9B or N9D
Understanding When to Use Form N9B or N9D
When you receive a civil court claim in England and Wales, it’s essential to respond correctly and within the set deadlines. Two of the main forms used for responding to a claim are Form N9B and Form N9D. Choosing the right form and submitting it on time can significantly impact the outcome of your case.
When Should You Use Form N9B or Form N9D?
The form you need depends on the type of claim made against you:
- Form N9B is used if you have received a claim for a specified amount of money. This means the claimant has stated exactly how much they believe you owe. Use this form if you want to defend the claim (say why you don’t owe the amount) or make a counterclaim (claim the claimant owes you money). Official guidance and the form itself are available at Form N9B.
- Form N9D is for claims involving an unspecified amount of money or for non-money claims (such as disputes over property or services). If you want to defend against these types of claims or make a counterclaim, you should use Form N9D.
If you are unsure about the type of claim you have received, check the details on the original Form N1 – Claim Form, which sets out the claimant’s case and the amount or remedy they are seeking.
How to Decide Which Form Applies
- Specified money claims: Use Form N9B.
- Unspecified money or non-money claims: Use Form N9D.
If you need to defend only part of a claim, or if you want to make a counterclaim (for example, if you believe the claimant actually owes you money), both forms allow you to explain your position fully.
Deadlines for Submitting Your Defence or Counterclaim
After you receive the claim form, you usually have 14 days to respond by returning the appropriate defence form to the court. If you need more time to prepare your response, you can request an extension using the Form N9 – Ask for More Time to File a Defence, which gives you up to 28 days in total from the date you received the claim.
What Happens If You Miss the Deadline?
Failing to submit your defence or counterclaim on time can have serious consequences. The court may enter a default judgment against you, meaning the claimant could win the case automatically without your side being heard. This can lead to enforcement action, such as bailiff visits or deductions from your wages or bank account.
If you realise you’ve missed the deadline, act quickly. You may still be able to apply to the court to set aside the default judgment, but you will need to provide a good reason for the delay.
How Forms N9B and N9D Fit into the Court Process
After a claim is issued by the claimant using Form N1 – Claim Form, you must decide how to respond. Submitting Form N9B or N9D is your formal way of telling the court and the claimant whether you admit, dispute, or partly accept the claim, and whether you wish to make a counterclaim.
Once your form is received, the court will review your defence and any counterclaim. The case may then proceed to a hearing, mediation, or another resolution process, depending on the details of the dispute and the responses from both sides.
The rules for submitting a defence or counterclaim are set out in the Civil Procedure Rules, which govern how civil cases are managed in the courts.
For more detailed guidance and to download the official forms, visit Form N9B for specified money claims, or Form N9D for unspecified or non-money claims. If you need extra time to respond, don’t forget to consider Form N9 – Ask for More Time to File a Defence. Taking the right steps promptly will help protect your legal rights and ensure your side of the story is heard.
How to Complete Form N9B / N9D
Completing Form N9B (Defence) or N9D (Defence and Counterclaim) is a crucial step if you want to respond to a civil claim against you in the UK courts. Filling out these forms correctly can help ensure your side of the story is heard and prevent unnecessary delays. Here’s a step-by-step guide to help you through the process:
1. Read the Claim Form Carefully
Before you start, review the claim form you received. Identify the details of the claim and deadlines for responding – usually within 14 days of receiving the claim, or 28 days if you file an acknowledgment of service.
2. Gather the Necessary Information
You will need:
- The claim number (found at the top of the claim form)
- Your full name and address
- The claimant’s details
- A clear statement of your defence
- Details of any counterclaim (if using Form N9D)
- Any supporting evidence or documents
3. Completing the Defence Section
State Your Defence Clearly:
Explain, point by point, which parts of the claim you admit, deny, or are unable to admit. For each allegation, provide a brief but clear explanation. If you dispute the amount claimed or the facts, set out your reasons.
Example:
If the claim is for an unpaid invoice, but you believe you already paid, state the date and method of payment and attach proof if possible.
Be Specific:
Avoid vague statements. Instead of saying “I disagree with the claim,” explain why, referencing any relevant facts or evidence.
4. Adding a Counterclaim (Form N9D Only)
If you believe you have a claim against the claimant (for example, for damages or unpaid money), you can include a counterclaim on Form N9D.
- Clearly state the basis of your counterclaim and the amount you are claiming.
- Provide supporting details and evidence, just as you would for your defence.
5. Attaching Supporting Documents
Include copies of any evidence that supports your case, such as:
- Contracts or agreements
- Receipts or invoices
- Correspondence (letters, emails, messages)
- Photographs or other relevant documents
Attach a list of all documents you are submitting and refer to them in your written defence or counterclaim, so the court can easily follow your arguments.
6. Tips for Clear and Concise Responses
- Use simple language and short sentences.
- Number your paragraphs for easy reference.
- Stick to the facts – avoid unnecessary detail or emotional language.
- Double-check that you have answered every point raised in the claim.
7. Signing and Dating the Form
Make sure you sign and date the form. If you are representing a company or organisation, ensure the person signing has the authority to do so.
8. Submitting the Completed Forms
Send the completed form (and copies of any supporting documents) to the court address shown on the claim form. You must also send a copy to the claimant or their solicitor.
Deadlines are strict:
If you miss the deadline, the court may enter judgment against you by default.
9. Fees for Filing
There is no fee for submitting a defence. However, if you make a counterclaim, a fee may apply depending on the amount you are claiming. For more information, see the court fees guidance.
Taking care to complete Form N9B or N9D accurately gives your defence the best chance of being considered properly by the court. If you are unsure about any part of the process, consider seeking legal advice to help you prepare your response.
What is a Counterclaim and How to Include It
What is a Counterclaim and How to Include It
A counterclaim is your opportunity, as a defendant in a civil court case, to bring your own claim against the person who has taken you to court (the claimant). In other words, if you believe the claimant actually owes you money, or is responsible for some loss or damage you have suffered, you can set out your case within the same proceedings. This allows the court to consider both the original claim and your counterclaim together, saving time and costs for everyone involved.
When and Why to Make a Counterclaim
You might want to make a counterclaim if you feel you have a valid claim against the claimant that is linked to the same facts or contract as their original claim. For example:
- You are being sued for unpaid work, but you believe the claimant’s work was substandard and caused you loss.
- You have been taken to court for an unpaid invoice, but you think the claimant owes you money for goods or services you provided.
- You are facing a claim for property damage, but you believe the claimant’s negligence caused damage to your own property.
Making a counterclaim ensures your side of the dispute is formally considered by the court. It can also help resolve all related issues in one hearing, rather than starting a separate claim.
How to Include a Counterclaim Using Form N9B or N9D
If you want to make a counterclaim, you must state this clearly on your defence form. For most money claims, you will use Form N9B and N9D. These forms allow you to both defend the claim made against you and set out your own counterclaim.
To include a counterclaim:
- Tick the relevant box on the form to indicate you are making a counterclaim.
- Clearly explain your counterclaim in the space provided. Set out the facts, what you are claiming for, and the amount (if any) you believe is owed to you.
- Provide evidence to support your counterclaim, such as invoices, correspondence, contracts, or photographs.
- Calculate any sums claimed and explain how you arrived at those figures.
- Pay the required court fee for making a counterclaim. The fee depends on the amount you are claiming; details are provided with the form.
It is important to be clear and concise. The court needs to understand not just that you dispute the original claim, but also the basis of your counterclaim.
Examples of Common Counterclaims
Counterclaims can arise in many types of civil cases. Some typical examples include:
- Building disputes: A builder sues a homeowner for unpaid work, but the homeowner counterclaims for the cost of fixing poor workmanship.
- Consumer disputes: A retailer claims for payment of goods supplied, while the customer counterclaims for a refund due to faulty goods.
- Landlord and tenant cases: A landlord claims for rent arrears, and the tenant counterclaims for disrepair or deposit issues.
- Debt claims: A creditor claims for repayment of a loan, but the defendant counterclaims for damages caused by the creditor’s breach of agreement.
The Effect of a Counterclaim on Court Proceedings
When you make a counterclaim, the court will treat your claim as part of the same case as the original claim. Both claims will be considered together, and the claimant will have an opportunity to respond to your counterclaim. This process may make the case more complex and could affect how evidence is presented and how long the hearing takes.
If your counterclaim is successful, the court may order the claimant to pay you money or take other action, even if you still owe something on the original claim. Alternatively, the court might set off the amounts, so only the difference is paid.
For further details and to download the official forms, visit Form N9B and N9D.
By understanding how to make a counterclaim and presenting your case clearly, you can ensure that all aspects of your dispute are properly heard by the court.
After Submitting Your Defence and Counterclaim
Once you have submitted your defence and counterclaim using either Form N9B (for claims involving a specified amount) or Form N9D (for unspecified or non-monetary claims), the court will begin processing your response. Here’s what you can expect next, and how to prepare for the following steps in your case.
What Happens After Submission?
When the court receives your completed form, they will officially record your defence and any counterclaim you have made. The court will then send a copy of your defence and counterclaim to the claimant (the person or organisation that started the claim against you). This ensures both parties are aware of each other’s positions and any new claims being made.
Notification to the Claimant
The claimant will be notified of your defence and counterclaim by the court. They will receive a copy of the documents you submitted, which gives them the opportunity to review your response and prepare their own reply if necessary. If you have made a counterclaim, the claimant may need to submit a defence to your counterclaim as well.
Possible Court Responses and Next Steps
After reviewing your forms, the court may:
- Set a timetable for the next stages of the case, such as exchanging evidence or witness statements.
- Issue directions, which are instructions you and the claimant must follow to prepare for a hearing.
- Arrange a case management conference or a preliminary hearing to clarify the issues in dispute.
In some instances, the court may request further information from you or the claimant, or ask for additional documents. It’s important to read all correspondence from the court carefully and respond by any deadlines given.
If you need to ask the court for a change in the timetable, special directions, or any other order (for example, to postpone a hearing or request more time to prepare), you can apply using Form N244 – Application Notice. If you later need to ask for a suspension or variation of a court order (such as payment terms), you may need Form N245 – Application for Suspension or Variation.
Preparing for Court Hearings
If your case is not resolved after the exchange of documents, the court will usually set a date for a hearing. This is your chance to present your case in person and answer any questions the judge may have. You will receive notice of the hearing date, time, and location from the court.
To help you prepare, it’s a good idea to familiarise yourself with what happens during court hearings and what you need to bring. On the day of your hearing, knowing what to expect when it comes to court arrival and check-in can help you feel more confident and organised.
Requesting Changes or Assistance from the Court
If your circumstances change or you need extra support (for example, if you require more time to gather evidence, need a hearing to be held remotely, or require assistance due to a disability), you can make a formal request to the court. This is usually done using Form N244 – Application Notice. Be sure to explain your reasons clearly and provide any supporting information.
Further Guidance
For official guidance on next steps and completing your forms, see the government’s instructions for Form N9B and Form N9D. These resources outline what to expect after submitting your defence and counterclaim, and how to respond to further court directions.
By understanding the process and keeping up to date with court correspondence, you can better prepare for each stage of your case and ensure your voice is heard.
Related Court Forms and Further Resources
When dealing with civil claims and defences in the UK, it’s helpful to understand not just Forms N9B and N9D, but also the other court forms that play a role in the process. These forms work together at different stages of a case, and knowing how they connect can help you respond effectively and protect your rights.
Key Related Court Forms
- The process usually begins when a claimant completes the Form N1 – Claim Form. This form sets out the details of the claim against you. If you have received an N1, you’ll typically be sent Forms N9B or N9D to submit your defence or counterclaim.
- If you accept some or all of the claim, rather than defending it, you might use the Form N9A / N9C – Admission Form to admit liability and make payment arrangements.
- Should you fail to respond in time, the claimant can apply for a default judgment using the Form N225 / N227 – Judgment by Default. This means the court may decide the case against you without a hearing.
- For cases involving property or housing disputes, such as eviction proceedings, the Form N5 – Claim for Possession of Property is commonly used. If you are a tenant or landlord involved in such a claim, understanding this form is crucial.
- While not directly related to civil debt claims, Form D8 – Divorce Application is important for family law proceedings, which may overlap with financial disputes or property claims.
How Forms N9B and N9D Fit In
Forms N9B and N9D are specifically designed for defendants who wish to dispute a claim or make a counterclaim in response to a civil claim. They are your opportunity to explain your side, provide evidence, and set out any claims you may have against the claimant. These forms should be completed and returned by the deadline stated in your claim pack to avoid a default judgment.
Practical Resources and Further Reading
Understanding the broader context of your case can help you make informed decisions:
- If your case involves financial matters after a divorce, see our overview of divorce financial orders for guidance on how the courts handle money and property disputes.
- For housing and possession claims, knowing your tenant rights is essential to ensuring you are treated fairly and understand your legal protections.
- If you are at the very start of your legal journey, our guide to starting a claim explains the process, requirements, and what to expect.
Explore Further for a Complete Picture
Taking the time to review these related forms and resources will help you gain a fuller understanding of your legal position and options. Whether you are defending a claim, considering making a counterclaim, or simply want to know more about the court process, these links provide valuable information to support you at every stage.
