Confused about timings for defending a claim

[bat in a hat]

Hi, I am new to the court process. I've had a claim made against me through the new online system moneyclaims.service.gov.uk. All the advice I can find online says I have 14 days to submit an Acknowledgement of Service, otherwise the litigant wins the claim. But the site itself gives no option for this, and says I have till June 20th. (claim started May 23rd)

I called the contact number given and I was told that they don't use AOS any more, and that it's not really relevant for litigants in person anyway. She confirmed that I have till June 20th, and that everyone now gets 28 days. She has sent me a form N9b which I can use if as an alternative to the online site.

But information everywhere else including gov.uk sites still tells me that I need to submit an AOS.

The other factor is that I might want to counterclaim, which takes me outside of the online system in any case. But I still have been given no option to submit an AOS.

Can anyone clarify this for me? I am feeling anxious now that I need to submit my whole defence in the next few days just to make sure that I'm not caught out by some kind of mix up.

[Pezza54]

Hi
Welcome to LB

The N9 Response Pack should include an AOS form (N9CC). You have 19 days from the date of the claim to either file just the AOS, or the AOS and your Defence (and Counterclaim)
If you file just the AOS then you have a further 14 days to file your Defence
5 days is allowed for postage (service) making a total of 19 days to file your AOS or 33 days to file your Defence

The above assumes you have received the full Particulars of Claim. Have you received this statement of case from the claimant?

If you decide to make a counterclaim, this should follow your defence in the same document. The document should be titled Defence and Counterclaim
Form N9B is used to make a defence and counterclaim

[bat in a hat]

Thank you - but the situation is different from the one you describe.

I was sent an email saying that there was a moneyclaim made against me. The email had a link to a website (moneyclaims.service.gov.uk) where I was asked to create an account, which enabled me to see the details of the claim, including a pdf of the statement of claim.

There are various boxes on the site to fill in which I now know more or less correspond to form N9b. I haven't been sent an AOS and I've been told I don't need to send one. The date is fixed as June 20th, according to the online form. I've been sent a claim form as a pdf that I can download from the website.

Given that the form says I have till June 20th, and so does the woman on the helpline, I should just assume that this is fine.....but the thing that is troubling me is that fact that everyone else is telling me that I do need to send an AOS.

[des8]

Practice Direction 7C is relevant Court Procedure Rule which tells you what your options are (https://www.justice.gov.uk/courts/pr...t07/pd_part07e)

AFAIK the time limits for filing AOS, defence & counterclaim remain unchanged as stated in parts 10 &15 of CPR.
Be wary of advice given by court staff !!

[Naoko]

As far as I know (I'm not professional), the Practice Direction 7C is for the "older" online service - MCOL.

Another system - Online Civil Money Claim (OCMC) - is newer and covered by the Practice Direction 51R.

Last year the OCMC claims required the defendant to acknowledge the claim within 14 days. However, it appears that it has been updated recently and now requires only to submit the defence within 28 days as per PD51R(5.1):

5.1-(1) If the defendant decides to respond to the claim and is able to do so online, and unless the parties have agreed a time extension under subparagraph (3), the defendant must respond to the claim by 4pm on the 28^th day after the issue of the claim form.

[des8]

Naoko thanks for the correction

[Pezza54]

Having read PD 51R briefly:

4.3(4) The court sends the defendant a paper copy of the claim (where the defendant does not have legal representation)

5.1(1) If the defendant (a litigant in person) decides to submit their defence online, they have until 4pm on the 28th day after service of the claim form (no AOS is mentioned)

5.1(2) and Table A
The defendant completes response form online electronically using the OCMC website unless,
the defendant wishes to make a counterclaim as well as a defence, in which case the defendant uses paper form N9B and sends it to the OCMC postal address

[bat in a hat]

Thank you for your helpful advice back in May. It looks like I forgot to thank any of you at the time, and apologies for this because you helped me a lot. Once I had the terms MCOL and OCMC and knew there were two different systems everything became easier to understand.
My case is now in court at the end of the month, and I am wondering if you have any advice on submitting evidence documents. There is no portal to upload them to at the court I have chosen, unfortunately. So I have to email them or post them, and I think I also have to send copies to my persecutors.
Do I need to email each piece of evidence as separate document, or lump them together, or does it not matter?
Should I annotate / explain them? Or do we talk this through in court?
Any advice very welcome and thanks again.

[des8]

Your witness statement (examples here https://legalbeagles.info/forums/for...ness-statement) should reference your evidences as numbered exhibits.
They are usually attached to witness statements, though they remain separate from the statement itself.
They must be clearly referred to and labelled within the statement to show the court their connection to the facts presented, as they serve as evidence to support those facts.
Often labelled as Exhibit 1 / exhibit 2 and so on, and referred to as such within the witness statement

[bat in a hat]

Thank you. There's quite a lot that I'm not clear on, but I've drafted something - if anyone can give me feedback that would be really valuable.
I had to submit my defence via OCMC. It asked me to submit 'background', and a response to allegations by the claimant and also a timeline. I put a lot of information in that, because a. the court told me to and b. I was hoping it might not get as far as a court.
So I feel like I am repeating this evidence in the witness statement, and I'm not sure how this fits with the information I was already asked to submit via OCMC

[des8]

Sending exhibits without referencing where they fit in the scheme of your defence would seem to be asking for confusion.

Not having seen the OCMC procedure, nor what you have submitted, I would consider writing a WS, even if it repeats previously submitted information, referencing exhibits within the text and attaching the exhibits (numbered to match the text) at the end.
The WS can then be filed with the court and served on the claimant either by post or email

Others might make other suggestions

[bat in a hat]

Thank you for the advice.

This is a first draft of what I intend to submit - can anyone advise me on what needs changing? In particular, I'm aware that it's in chronological order, which means that the most important legal point - the fact that I cancelled the contract within the 14 day cooling off period - comes part way through. I wonder if I should put this at the top in some way? I need to look through it and add / change some stuff, but just wondering if I'm on the right lines?


In the xxx County Court
Claim no xxxx
Between
Nationwide Renewables
and
xxxxx

Witness Statement of xxxxx

I, xxxxx, being the Defendant in this case will state as follows:
1. I make this Witness Statement in support of my defence of this claim

2. On 13^th March 2025, a representative from Nationwide Renewables visited my home for what I had been told was a free and no obligation assessment. I was subjected to a very long sales pitch (from mid afternoon till 7pm) which included high pressure tactics and misleading information, which I argue would make the contract I signed void under the Consumer Protection from Unfair Trading Regulations 2008.
These included the following:
- I was told that the offer was only available if I signed up on the spot.
- The company attempted to charge me if the sales appointment was terminated.
- The sales pitch went on well past the expected time, putting me under pressure to make a snap decision and complete paperwork hastily as I was becoming late for other commitments.
- The company used misleading claims and false information, including the verbal promise of a 5 year ‘yield guarantee’ (which did not in fact exist), the misleading claim that they had a ‘partnership’ with Octopus Energy, the false assurance that any work would be fully certified, and the promise that I could cancel within 14 days, with no mention of cancellation fees. They made misleading use of a Flexi-Orb logo on their brochure implying a route for energy export which was not in fact available, as the company were no longer Flexi-Orb accredited. [Exhibit - scan of brochure, Exhibit – Flex-orb email] .
- After signing the contract I was uneasy about my decision and emailed the company to confirm that I had 14 days cancellation rights. This was confirmed to me by email, with no mention of cancellation fees [Exhibit - 1^st email ]
- I was influenced to trust the company by all the above, and also in particular by the online reviews that I looked at before signing the contract, which I now know to have been manipulated [Exhibit - emails where NWR attempt to manipulate my reviews ].

3. Over the next few days I discovered more information about Nationwide Renewables, including the following facts:
-
_ Nationwide Renewables were not registered with MCS, the main energy export regulator.
- They were also no longer registered with Flexi Orb, an alternative energy export regulator. [Exhibit – email from Flexi-Orb]
- Nationwide Renewables did not have a partnership with Octopus in any meaningful sense. Octopus have a ‘Trusted Partner’ scheme, and Nationwide Renewables is not part of this scheme. Their only connection with Octopus is that they use a little-known Octopus energy export mechanism. I felt that the lack of a known export route with accreditation would impact on my ability to sell my house in the future.

- The yield guarantee promised by the sales rep and also mentioned by the project manager does not exist [Exhibit – emails ]
- I was unable to find any building accreditations for Nationwide Renewables, despite the assurance at the sales visit that all work would be fully certified. [Exhibit - emails..]
- These facts meant that I would have no redress if the installation did not perform as promised, unless the fault was with the panels themselves. [Exhibit – email]
- I was advised by an Octopus Trusted Partner installer that my house was not suitable for solar panels and the installation would be useless
[Exhibit – statement from other installer, if available]
5. On 17^th March I emailed the company asking for work to be put on hold and warning that I would cancel unless the accreditation issue was resolved. [Exhibit - email]

5. On 18^th March I cancelled the contract by email, using the Citizens Advice template letter. This was well within the 14 day cooling off period in which I was entitled to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I exercised this right on day 5, after signing the contract on 13^th March. [Exhibit – contract and email]

6. No work had been carried out by Nationwide Renewables which would void my consumer rights in this case. No valuable work had been performed. No bespoke items were created. No physical work had been carried out at my property and no goods were delivered to my home. I have gained no benefit from work done. Nationwide Renewables have done some small amounts of work, but it was their decision to begin work before the 14 days cooling off period was over, so they should absorb any costs of that work. In any case, the amount they are claiming is not proportionate for the work done, and is largely being claimed for ‘cancellation fees’. Consumers are protected from unfair cancellation charges in contracts by the Consumer Rights Act 2015.


7. The timeline of work was set by Nationwide Renewables not by myself, I merely assented to their timeline. I did not request that work begin within the 14 day cooling off period, and I took care to cancel the contract before any physical work started or any items were delivered. [ Exhibit – email]

8. Nationwide Renewables have used improper conduct in relation towards me have used the witholding of my deposit, imposition of cancellation fees and threat of court action to threaten and manipulate me into removing a negative review on Trustpilot [Exhibit - emails ]
I have received an angry and unpleasant phone call from an employee, followed by multiple calls even after I told them that I would only communicate via email. [Exhibit - call log - screenshots] Employees also came to my house unannounced and uninvited, which I assume from the content of their emails was an attempt to influence me into removing the review.
9. In addition to the above points I question whether Nationwide Renewables have followed correct procedure, in that they engaged a debt collection agency to issue a Letter of Claim, then started their legal action independently, without notifying either myself or the agency, before the end of the 30 day period given by the agency for my response. [Exhibit – emails between Glenwood and myself]

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[des8]

Your preamble should state your address & occupation e.g. : I, FRED SMITH , a plumber , of 40 AnyTown Road, AnyTown, AnyCounty SW1 1AA being the Defendant in this case will state as follows:

And then after the line you have numbered 1 add that you are talking from your own actual experience and knowledge and not just hearsay .e,g. The matters set out below are within my own knowledge, except where I indicate to the contrary.


You have two paragraphs numbered 5 but no number 4!

Where you mention Regulations I suggest you include the section and paragraphs to which you refer.

Presumably you are numbering the exhibits and including the relevant number in the text of your WS
Each page of the WS and Exhibits should have the claim number in top right hand corner, and be paginated at the bottom

Keep to chronological order

It should be written in font size 12 with 1.5 line spacing and 3.5cm margins
Dates should be in figures i.e. 18.03.2025 not 18^th March

If you want to read the full rules, see sec 17 - 23 of this: https://www.justice.gov.uk/courts/pr...rt32/pd_part32

[bat in a hat]

That's very helpful, thank you so much. I'm relieved that the content seems ok. these points will be simple to fix.

[bat in a hat]

sorry, but I don't know where to find the relevant sections and paragraphs of the regulations I refer to. Is this essential? The advice I have used to get this info hasn't given sections and paragraphs.... so I'm struggling a bit with this one! I assume that as I'm not a lawyer the judge won't expect my stuff to be professional standard - I'm presuming there must be some allowance for the fact that people in the small claims court would not normally have a lawyer? But I also don't want to mess up my case through doing something wrong!