Small Claim or Money Claim
Small Claim or Money Claim
Author
Discussion

skilly1

Original Poster:

2,847 posts

219 months

Wednesday 25th February 2009
quotequote all
I am looking to claim just under 5k for some bad workmanship I have had done. I have all of the relevant paperwork and statements in hand.

There is a choice of either the county court (small claims) or moneyclaim. Anyone know which would be better to use?

mav 1

209 posts

271 months

Wednesday 25th February 2009
quotequote all
Moneyclaim Online is the online version of Small Claims.
It's very easy to fill in, and the 'defendant' then gets sent (posted) details of the case you intend to bring against them.

Moneyclaim will allocate the case to the small claims track (depending on size of claim).

I did Moneyclaim for about half your amount last year - cost was approx £80 to file initial claim, and total of about £250 (which we got back from the defendant).

The only downside of the online version compared to filing manually (that I found) is the limited space they give you in the online form for filling out details of your claim. So if you have a complicated case, then you may find it easier to do the paper version.

skilly1

Original Poster:

2,847 posts

219 months

Wednesday 25th February 2009
quotequote all
Thanks Mav

VxDuncan

2,850 posts

258 months

Wednesday 25th February 2009
quotequote all
mav 1 said:
Moneyclaim Online is the online version of Small Claims.
It's very easy to fill in, and the 'defendant' then gets sent (posted) details of the case you intend to bring against them.

Moneyclaim will allocate the case to the small claims track (depending on size of claim).

I did Moneyclaim for about half your amount last year - cost was approx £80 to file initial claim, and total of about £250 (which we got back from the defendant).

The only downside of the online version compared to filing manually (that I found) is the limited space they give you in the online form for filling out details of your claim. So if you have a complicated case, then you may find it easier to do the paper version.
Spot on. FOund exactly the same thing with the claim box, although as I understand it the box is for what you are claiming - really the details of claim come later in the case (though in reality I never got that far). Basically moneyclaim online is a data processing centre designed to take the loads off the courts.

mav 1

209 posts

271 months

Wednesday 25th February 2009
quotequote all
BAHN-STORMA said:
Are there any material benefits for either?

e.g. Is either route more 'inconvenient' for the defendant?
No real difference that I would know of.

GJR

827 posts

304 months

Wednesday 25th February 2009
quotequote all
I've been down the route of both Money Claim and then Small Claims.

As mentioned you have to pay a fee up front if you use money claim and you fill in an online form IIRC. This is then sent to the defendant. If the shock of an official legal document is enough to make the defendant pay up then it goes no further. However, if the defendant disputes the claim then it will be assigned to a small claims court anyway. On the hearing date the Judge will hear both sides of the argument and decide if the money is owed, or a percentage of it.

I will admit it was a stressful, but successful way to get my money back. The defendant didn't even show at the small claims hearing and the judge awarded me my claim, loss of a days pay, travel and the original MC's fee, all to be paid by the defendant totalling £1200. The defendant actually owed me £800, so for sticking their head in the sand and pretending they didn't owe anything it cost them £400 extra.

Edited by GJR on Wednesday 25th February 15:08