What if part of the claim is defended?

If the defendant only defends part of your claim, you will be sent a document detailing how much money they admit to owing. The defendant may also ask if they can pay the amount in instalments or a future date. You must now decide whether you accept this as a settlement for your claim.

If you do, you can ask the court to order the defendant to pay you the amount (including any fee paid when you started the claim).

If you accept the amount but not the way in which the defendant suggests paying you have to tell the court in writing why you object. A court officer will then determine what would be an appropriate way of paying the amount. Think carefully about this. You may be more likely to get the money if you allow the defendant extra time to pay what they owe.

If you do not agree that only part of the claim is owed, you must tell the court that you want the claim to proceed as a "defended claim". You will then be sent a notice and a Directions Questionnaire to carry on with the defended claim.

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