Unsigned/unnamed defence form N9B

[Barnet]

Hi Everyone, I'm new here and hope my approach is correctly placed.

I have issued a Claim in the County Court and on the final day for their response a N9B from the defendant. The front is correctly completed, showing the Claim No. , name of court and both parties etc.. I note the rear of the form has no entries completed ie, there is no name, address, or signature from the defendant. Surely, this makes the document incomplete and thus not returned completed correctly. If so, what do I do about it as I have served a request for judgment to the court (which must have crossed in the post with the N9B) and had no further comms. Can I reject this defence and render it out of time? Thanks for your help.

[AlanM9]

Re: Unsigned/unnamed defence form N9B

Hi
This is my first post as well.
I've got exactly the same issue - the NB9 photocopy that has been sent to be by the Court hasn't been signed or dated and neither has the additional 2 sides of A4 that explains the defence (which is also factually incorrect, but that it a different issue!)
As there isn't a valid defence that has been submitted by the due date (4 weeks ago in my case), can I now apply for judgement?

[Kati]

Re: Unsigned/unnamed defence form N9B

[MENTION=87380]Diana M[/MENTION] [MENTION=55034]nemesis45[/MENTION] ... any ideas :noidea: xx

[Amethyst]

Re: Unsigned/unnamed defence form N9B

Hi
This is my first post as well.
I've got exactly the same issue - the NB9 photocopy that has been sent to be by the Court hasn't been signed or dated and neither has the additional 2 sides of A4 that explains the defence (which is also factually incorrect, but that it a different issue!)
As there isn't a valid defence that has been submitted by the due date (4 weeks ago in my case), can I now apply for judgement?

If you apply for a default judgment after a defence has been entered it is unlikely to be accepted, and if it were it is likely to be set aside later ( potentially at cost to you). Many people submit by email or via Moneyclaim online and this doesn't allow for signatures. The defence is then forwarded on to the claimant by the court.

You can make a reply to the defence if you wish to counter the arguments/claims the defendant has put forward, but I would take the defence being sent to you as it has been accepted by the court and proceed as per a defended claim.

[Barnet]

Re: Unsigned/unnamed defence form N9B

Hello Amethyst

Sorry to labour the point. In my particular case the N9B was hand written by the Defendent (I am familiar with the handwriting) and not produced by electronic means. Does this change the fact as the reverse of the form was left totaly blank by the Defendant with absolutely no reference to the Defendent, his address, etc.?

[wales01man]

Re: Unsigned/unnamed defence form N9B

Doesn't the case number identify the defendant?

[Amethyst]

Re: Unsigned/unnamed defence form N9B

Maybe they didn't see the reverse of the form if they are unfamiliar with court forms it wouldn't surprise me, as it was manually completed then you could send the defendant with a polite letter with the defence enclosed ( keep a copy) thanking them, and requesting if they would kindly complete the reverse and sign it as the defence stands it is not verified with a statement of truth, which it needs to be to be relied upon in court.

If you like you can quote CPR 22 and PD 15 para 2


PD 15

Statement of truth

2.1 Part 22 requires a defence to be verified by a statement of truth.

2.2 The form of the statement of truth is as follows:

‘[I believe][the defendant believes] that the facts stated in this defence are true.’


CPR 22 - https://www.justice.gov.uk/courts/pr...l/rules/part22


However I still wouldn't be filing for a default judgment as it is unlikely you would get it and likely that if you did it would be later set aside.

[Barnet]

Re: Unsigned/unnamed defence form N9B

Thank you Amethyst

Point taken and advice welcomed. I did hope the Defence might be disallowed as the form had not been signed (plus their defence of 'I don't owe anything' being somewhat scant) Hey ho, it's off to Court we go! Thanks again.

[Amethyst]

Re: Unsigned/unnamed defence form N9B

Do you want me to have a look over your claim and their defence? Sometimes helps to have second pair of eyes over things.