Money Claim Online Process after issue?

[steveatesh]

Without going into too much detail I have had to take a courier through the small claims for negligence in their handling of the thing that they contracted to transport causing it to be damaged beyond repair.

I went through the initial letters about the damage to him, fully outlining the facts of the case, he acknowledged the first one basically telling me to do one, then he ignored another three letters including the final letter before action.

I issued the claim through MoneyClaim Online, selecting the option to serve the full particulars of the claim on the defendant after issue (date of issue 14/12/14). I completed the full particulars and served them to him at his address on 21/12/14 of claim issue, and completed form N215 Particulars of Service on the computer, printed it out, signed it, scanned it and sent it via email to the email address in the MCO guidance notes.

The guidance did not say I had to send a copy of the full particulars with the N215 and as yet I have not done so.

The defendant has replied on 22/12/14 to the MCO issue by choosing to defend it.

I don't know if I'm missing something obvious but I can't see any guidance on supplying a copy of the full particulars of the claim to the MCO court, and I don't know if I have to send copies of pictures and emails we exchanged when he took on the contract.

So My questions are:

1 Do I have to send a copy of everything I serve on the defendant to the MCO court, or just form N215 telling the court I have served the full particulars?
2 Is there a time limit on serving additional evidence (over and above the full particulars) on the defendant?
3 Now I know he is going to defend the claim I believe I should serve copies of photographs, copies of the original conversations etc on him which I believe help proves my claim. Am I right?

4 So basically, what's the process from here?

Thanks in advance.

[Red Devil]

steveatesh said:

So My questions are:

1 Do I have to send a copy of everything I serve on the defendant to the MCO court, or just form N215 telling the court I have served the full particulars?

The particulars of claim included on the claim form may not exceed 1080 characters, on up to 24 lines. This includes the interest paragraph, if appropriate. You may serve additional particulars after issue. In order to do this, you must provide a copy of the additional particulars to the Defendant within 14 days of issuing the claim, and file an N215 Certificate of Service with the Court. The Defendant will have 14 days to reply from the date you serve the additional particulars to them. If the claim is transferred to a local court to proceed, you will be required to send the particulars to the court in accordance with the Civil Procedure Rules.
https://www.justice.gov.uk/courts/northampton-busi...
https://www.justice.gov.uk/courts/procedure-rules/... (see 6.3)

steveatesh said:

2 Is there a time limit on serving additional evidence (over and above the full particulars) on the defendant?
3 Now I know he is going to defend the claim I believe I should serve copies of photographs, copies of the original conversations etc on him which I believe help proves my claim. Am I right?

You can't just ambush the defendant with additional evidence. This should have been done at the additional particulars stage as he has a right to see everything that you intend to use against him. If you want to amend the particulars you have to apply to the court and it requires the permission of the District Judge (this is clearly stated on page 9 of the User Guide). There is no facility to do this online via MCOL so would need to be done on paper. Form N244 and possibly form N1CPC as well.

steveatesh said:

4 So basically, what's the process from here?

See the MCOL guidance and the links above.