United Kingdom · civil

How to Complete Form N9B Defence and Counterclaim in the UK

If you have received an unjust County Court claim from an aggressive claimant, bank, landlord, or contractor, you must act decisively to avoid an automatic judgment. In England and Wales, Form N9B is the legal mechanism used to dispute a specified money claim and bring your own counterclaim. This guide explains how to complete each section under the Civil Procedure Rules, preserve your commercial or personal rights, and prepare your case.

The Legal Framework in England and Wales and Strict Deadlines

When a claimant serves a County Court claim for a specified sum of money in England and Wales, you are placed on a strict procedural timetable governed by the Civil Procedure Rules 1998 (CPR). Under CPR 15.4, you have exactly 14 days from the date of service of the particulars of claim to file your defence. If you require more time to investigate the dispute or consult records, filing an Acknowledgment of Service (Form N9) within that initial 14-day window extends your deadline to 28 days from service. Parties can also agree to an extension of up to a further 28 days under CPR 15.5, provided the court is formally notified in writing.

Ignoring the claim form or missing your deadline allows the claimant to apply for default judgment under CPR Part 12 using Form N225. Once a County Court Judgment (CCJ) is entered against you, it can severely damage your credit rating for six years and expose your assets or earnings to enforcement officers. Completing Form N9B prevents default judgment and forces the claimant to substantiate their assertions before a judge.

Structuring Your Defence and Counterclaim Under CPR Part 16 and Part 20

A defence is not an emotional outlet; it is a technical legal statement of case governed by CPR 16.5. In Form N9B, you must state whether you dispute the entire sum or admit a portion. For every factual assertion in the claimant's Particulars of Claim, CPR 16.5 requires you to do one of three things: admit it, deny it and state your alternative version of events, or state that you require the claimant to prove it ('put the claimant to proof'). Any allegation that you fail to address directly may be deemed admitted by the court.

If the claimant's own breach—such as defective building work, an unlawful tenancy deduction, or misrepresentation—caused you financial harm, you do not merely defend; you turn the tables using a counterclaim under CPR Part 20. Form N9B includes a dedicated section for Part 20 claims. You must quantify the exact loss you are claiming and substantiate the factual basis for why the claimant owes you money. While submitting a defence carries no court fee, a counterclaim requires a court fee based on the value claimed, unless you qualify for fee remission via HMCTS Help with Fees.

Verification, Filing, and Next Steps

Form N9B must conclude with a signed Statement of Truth pursuant to CPR Part 22. Signing a statement of truth without an honest belief in its factual truth exposes a litigant to proceedings for contempt of court under CPR 32.14. Once finalized, the form must be served on the court and a copy sent to the claimant or their solicitor before the deadline expires. Following submission, small claims are typically referred to the Small Claims Mediation Service before a directions questionnaire (Form N180) is issued.

You do not have to navigate this stressful procedural process unsupported. You can use Caunsel to research applicable court rules, organize your contemporaneous evidence and chronological timeline in a dedicated case file, or list your matter to connect with an independent solicitor who can review your draft N9B before you submit it to the court.

Steps

• Check the postmark and deemed service date immediately, and submit Form N9 (Acknowledgment of Service) if you need the full 28 days to prepare your response under CPR 15.4.
• Complete the claim details accurately at the top of Form N9B, including the exact claim number, claimant name, defendant name, and issuing County Court hearing centre.
• Tick Box 1 to indicate whether you dispute all of the claim or admit part, and complete Box 2 if the sum was already paid prior to court proceedings being issued.
• Draft your defence in Box 3 (or on an attached schedule) by answering every paragraph of the claimant's Particulars of Claim individually, applying CPR 16.5 by admitting, denying with reasons, or requiring proof.
• Set out your Counterclaim under CPR Part 20 in Box 4 if you are seeking damages or money back from the claimant, specify the total amount claimed, and calculate the relevant court fee or attach Form EX160.
• Sign the Statement of Truth, retain a timestamped copy for your records, and send the completed form to the County Court office stated on your claim form before 4:00 PM on the due date.

Common mistakes

• Writing an unstructured narrative venting frustration instead of systematically admitting, denying, or putting the claimant to proof on each allegation as mandated by CPR 16.5.
• Missing the 14-day or 28-day deadline without filing an Acknowledgment of Service or securing an agreed extension under CPR 15.5, which allows the claimant to enter a default judgment.
• Failing to remit the required HMCTS court fee or submit a Help with Fees application alongside a counterclaim, which can cause the court to strike out your cross-claim.
• Signing the Statement of Truth on Form N9B without having verified the factual accuracy of all figures and statements, which risks contempt of court under CPR 32.14.

Questions people ask

What is the difference between Form N9B and Form N9D?

Form N9B is used strictly for defending claims where the claimant demands a specified (fixed) monetary sum, whereas Form N9D is used for unspecified money claims or non-monetary remedies.

Does it cost money to file a defence on Form N9B?

Filing a defence is completely free. However, if you include a counterclaim demanding money from the claimant, you must pay the standard County Court issue fee based on the value of your counterclaim unless you qualify for fee remission.

Can I get an extension if 28 days is not enough to complete Form N9B?

Yes. Under CPR 15.5, you and the claimant can mutually agree to extend the deadline by up to an additional 28 days, provided you notify the court in writing before the existing deadline expires.

General information only, last updated 2026-10-31. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Kingdom.