Money Claim online - advice reqd
Discussion
I'm going to initiate a 'money claim online', but I'm not sure how much detail to put into the claim particulars which is limited to 1080 characters. There is the option to serve more detailed particulars on the defendant if you run out of space.
I've made a number of attempts to recover the money already (email, voice messages, letters to the defendant) but without success. Do i need to outline these in the particulars of claim, or is this detailed information provided at a later date, when the defendant has responded?
Thanks.
I've made a number of attempts to recover the money already (email, voice messages, letters to the defendant) but without success. Do i need to outline these in the particulars of claim, or is this detailed information provided at a later date, when the defendant has responded?
Thanks.
I just summarised - eg.
Client invoiced by email on 15/4. 3 reminder emails sent (5/5, 21/5, 6/6), recorded delivery letter sent (15/6), phone call where payment was promised by 31/6 (21/6).
In my experience people s
t themselves and fold as soon as the court docs come through the door.
Client invoiced by email on 15/4. 3 reminder emails sent (5/5, 21/5, 6/6), recorded delivery letter sent (15/6), phone call where payment was promised by 31/6 (21/6).
In my experience people s
t themselves and fold as soon as the court docs come through the door.This is just a claim. Its very likely no one in the court is go the scrutunizing the content but just make sure it contains enough for the defendant to get the gist of what you are claiming for.
You'll get the chance to properly state your case if it goes all the way to a hearing.
One last thing, ensure you have given the person/company you are claiming against written notice that you will start a claim if they fail to pay by a certain date (7/14 days). Some say use recorded delivery but I just use email.
You'll get the chance to properly state your case if it goes all the way to a hearing.
One last thing, ensure you have given the person/company you are claiming against written notice that you will start a claim if they fail to pay by a certain date (7/14 days). Some say use recorded delivery but I just use email.
Eclassy said:
One last thing, ensure you have given the person/company you are claiming against written notice that you will start a claim if they fail to pay by a certain date (7/14 days). Some say use recorded delivery but I just use email.
Did this using Royal Mail Signed for, though 'they' haven't responded. Also did an earlier email one but on refection, i didn't give them long enough to comply, so fired off the royal mail one.The format should be numbered paragraphs so that the defendant and the court get an overview of the crux of the case. Like this:
1) The Claimant is a plumber. The Defendant is a private domestic customer of the Claimant.
2) On 2.3.14 the Claimant and Defendant orally agreed the charge of £1200 to replace the Defendant's immersion heater.
3) Works were completed on 5.3.14 and the Defendant informed the Claimant that a cheque would be posted by 7.3.15.
4) To date payment has not arrived, and the Defendant has ignored all communication from the Claimant regarding payment including a final warning of legal action registered as delivered by Special Delivery on 2.3.15.
Accordingly, the Claimant claims the principal sum of £1200 plus Costs.
1) The Claimant is a plumber. The Defendant is a private domestic customer of the Claimant.
2) On 2.3.14 the Claimant and Defendant orally agreed the charge of £1200 to replace the Defendant's immersion heater.
3) Works were completed on 5.3.14 and the Defendant informed the Claimant that a cheque would be posted by 7.3.15.
4) To date payment has not arrived, and the Defendant has ignored all communication from the Claimant regarding payment including a final warning of legal action registered as delivered by Special Delivery on 2.3.15.
Accordingly, the Claimant claims the principal sum of £1200 plus Costs.
NiceCupOfTea said:
Justin, IME there just isn't enough space for that sort of thing in the small box they give you on the MCOL forms 
You should be able to fit that in.I agree though, it's s
tty. The 1000 character thing has been around since MCOL started in about 2001. Considering that it is set up for Joe Public to have easy access to the court system it makes filing their claim awkward at best.
Sorry to highjack the thread but I need to start a MCOL again my neighbour for damage to my car (his insurance company won't play ball, because he has denied liability, despite photo evidence and him admitting liability to me). However he moved house a couple of weeks ago, I have no idea where he has moved to, how can I get his address to send the claim to?
I don't think he has a post redirect set up as I still see post arriving here for him (communal flat entrance).
I don't think he has a post redirect set up as I still see post arriving here for him (communal flat entrance).
If you don't have enough space,you should put a summary of the POC in the box and a note to say that the full POC will be served upon the defendant. When it gets allocated to a local country court, you'll get a snotty letter saying you must file the POC with the court now (as MCOL don't want them and don't pass them on) or it'll be thrown out. Once that's done, it's back to a normal claim again.
Hi said:
Sorry to highjack the thread but I need to start a MCOL again my neighbour for damage to my car (his insurance company won't play ball, because he has denied liability, despite photo evidence and him admitting liability to me). However he moved house a couple of weeks ago, I have no idea where he has moved to, how can I get his address to send the claim to?
I don't think he has a post redirect set up as I still see post arriving here for him (communal flat entrance).
write to the insurance co and ask them if they will accept service of documents on behalf of their client. If yes then fine, if no then you need to trace his new address - ask in the house where he left perhaps or details of the solicitors involved in the conveyance or EA etcI don't think he has a post redirect set up as I still see post arriving here for him (communal flat entrance).
Once again, a big thanks for all the advice.
I typed the claim particulars out in MS-WORD and spent time trying to get it 'right' and under the 1080 character limit.
Came to cut and paste into the box on the MCOL website only to find out its further limited to 24 lines of 45 characters
So the nice neat prose i wrote was all over the place with the last bits missing.
Had to re-write and re-format again. Still the claim is filed.
I typed the claim particulars out in MS-WORD and spent time trying to get it 'right' and under the 1080 character limit.
Came to cut and paste into the box on the MCOL website only to find out its further limited to 24 lines of 45 characters
So the nice neat prose i wrote was all over the place with the last bits missing.Had to re-write and re-format again. Still the claim is filed.
An update...
I submitted the claim and waited the prescribed time for the defendant to respond. They didn't respond so I applied for judgement and this was issued on 26/8.
I'm now sat waiting, wondering what happens next! Is there a time limit for the defendant to pay up before I initiate the next step, whatever that is?
There is a request warrant option but i dont know what that is.
There is nothing that i can see that tells me what to do if payment isn't made to me.
Any advice, gratefully received!
I submitted the claim and waited the prescribed time for the defendant to respond. They didn't respond so I applied for judgement and this was issued on 26/8.
I'm now sat waiting, wondering what happens next! Is there a time limit for the defendant to pay up before I initiate the next step, whatever that is?
There is a request warrant option but i dont know what that is.
There is nothing that i can see that tells me what to do if payment isn't made to me.
Any advice, gratefully received!
How much is the judgment for in total?
Is it against a sole trader or a Ltd Co?
They have 28 days to pay, and if they do they can apply to the court to have the CCJ removed from their record. If they are a day later, that CCJ stays on their credit record for 6 years.
I'd remind them of that first.
Once that time runs out, they have no impetus to pay you, and you may as well enforce, dependent on the answers to my two questions.
Is it against a sole trader or a Ltd Co?
They have 28 days to pay, and if they do they can apply to the court to have the CCJ removed from their record. If they are a day later, that CCJ stays on their credit record for 6 years.
I'd remind them of that first.
Once that time runs out, they have no impetus to pay you, and you may as well enforce, dependent on the answers to my two questions.
hab1966 said:
JustinP1 said:
How much is the judgment for in total?
Is it against a sole trader or a Ltd Co?
In total £100, including the £25 court fees.Is it against a sole trader or a Ltd Co?
It's against a limited company.
If it's a small company, they probably don't care. The CCJ will affect the Ltd Co's credit, but that's it.
hab1966 said:
Justin, so what you're saying is that i'm unlikely to get a penny even though I have judgement, and there's nothing i can do??
It depends. That the claim was ignored is a bad sign. It shows they don't give a s
t either way. There are a lot of companies with numerous CCjs against them.The problem is that you could spend another £100 enforcing the judgment with the County Court Bailiffs, and they could report back to you that they were not let in, or, that they don't have premises, or, no assets at those premises.
There becomes a point where you must consider that you are 'throwing good money after bad'.
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