Money Claim Online by kys63269

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									HM Courts Service Money Claim
Online - claimant user guide


Contents

Starting your claim ......................................................................................................... 3

Particulars of claim ........................................................................................................ 5

Can I save my claim? ..................................................................................................... 5

Statement of truth ........................................................................................................... 6

Payment of court fees..................................................................................................... 6

What happens to my claim? ........................................................................................... 6

Cancelling a claim.......................................................................................................... 7

Service of the claim ....................................................................................................... 7

Responding to a claim: defendant’s options .................................................................. 8

Acknowledgment of Service ........................................................................................ 10

Defence ........................................................................................................................ 11

Making a counterclaim through MCOL ...................................................................... 11

What if the defendant ignores my claim? .................................................................... 12

Requesting a warrant of execution online .................................................................... 12

Reissuing a warrant of execution ................................................................................. 14

Other methods of enforcements ................................................................................... 14

Viewing the progress of a claim .................................................................................. 14

How do I print a copy of my request?.......................................................................... 14

                                                                1
Money Claim Online (MCOL) is an official service provided by HM Courts Service
(HMCS) designed to help individuals and businesses make or respond to certain types
of claims for recovering debts via the internet.

You can use the MCOL site to issue a claim, enter a judgment by default or
admission, or issue a warrant of execution.

You must check your eligibility before using the MCOL service. For more
information, you can see the guide ‘Recover your debt through court: Money Claim
Online’ on the Business Link website (www.businesslink.gov.uk/moneyclaimonline).

What process can I expect to go through when using MCOL?
All claims are different depending on whether the defendant has responded or not.
They can be quite complex.

However, all MCOL claims will be issued in the name of Northampton County Court.
This court has the required technology and experienced staff and administers this
centralised system. This speeds up your claim, which should be processed either on
the day it is submitted or on the following day. Your claim will usually be printed and
posted to the defendant on the day it is processed.

If you would rather your claim did not go through a centralised process, you
have the option of starting proceedings through your local county court.

What to expect during the process is described within this guide.

You can start your claim right now on the MCOL website
(www.businesslink.gov.uk/moneyclaimonlineservice).

You can also read the Civil Procedure Practice Direction that governs MCOL on the
Ministry of Justice (MoJ) website
(http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm). Look for ‘Practice
Direction 7e - Money Claim Online’ in the Rules and Practice Directions section.




                                           2
Starting your claim
Before you start making a claim, you must have:

            the full title, name and address, including postcode of the person(s)
            you wish to make a claim against
            the exact amount you wish to claim including any contractual or
            statutory interest - find leaflet EX302 ‘How to make a claim’ on the
            HMCS website (www.hmcourts-
            service.gov.uk/HMCSCourtFinder/FormFinder.do)
            particulars/facts relating to the claim - eg dates, times, events, invoice
            numbers etc
            your credit/debit card details - .ie card number, card type, expiry date,
            cardholders name
            an email address

Name
You must provide the following information about yourself and the defendant
according to the capacity in which you are suing and in which the defendant is being
sued.

When suing or being sued as an individual
You must enter the defendant’s unabbreviated name where known, including their
first name and any middle name, their last name and the title by which they are known
(ie Mr, Mrs, Ms, Dr, etc). You must also provide their residential address (including
postcode). Where the defendant is a proprietor of a business, a partner in a firm or an
individual sued in the name of a club or other unincorporated association, the address
for service which should be the defendant’s usual or last known place of residence or
principal place of business of the company, firm or club or other unincorporated
association.

Where the individual is trading under another name, you must enter their full
unabbreviated name where known, and then the title by which they are trading - eg
‘Mr John Smith T/As Smith’s Groceries’.

When suing or being sued in a representative capacity
You must say what that capacity is, eg ‘Mr Joe Bloggs, as the representative of Mrs
Sharon Bloggs (deceased)’.




                                           3
When suing or being sued in the name of a club or other unincorporated
association
You must add the words ‘sued on behalf of’ followed by the name of the club or other
unincorporated association.

When suing or being sued as an unincorporated business - a firm
In the case of a partnership (other than a limited liability partnership) you must enter
the full name of the business followed by the words ‘a firm’ (eg ‘Bandbox - a firm’)
and an address including postcode for service. This may either be one of the partner’s
residential addresses or the principal or last known place of business of the firm.

When suing or being sued as a company registered in England and Wales or
a limited liability partnership (LLP)
In the case of a registered company, a limited liability company or a limited liability
partnership, you must enter the full name of the company of partnership followed by
the appropriate suffix - ie Ltd, Plc, LLP. You must also provide an address, including
postcode, which is either the company’s registered office or any place of business in
England and Wales that has real or the most connection with the claim - eg the shop
where goods were bought.

When suing or being sued as a corporation (other than a company)
Enter the full name of the corporation, and any suffix if appropriate, and the address,
including postcode, s which is either its principal office or any other place where the
corporation carries on activities and which has a real connection with the claim.

When suing or being sued as an overseas company (defined by s744 of the
Companies Act 1985)
Enter the full name of the company, and any suffix if appropriate, and the address,
including postcode. The address must either be the registered address in England and
Wales under s691 of the Act or the address in England and Wales of the place of
business having a real, or the most connection with the claim.

You can find the full text and related guidance for the Companies Act 1985 on the
Office of Public Sector Information website
(www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1985/cukpga_19850006_en_1).

Address
You must provide the full address including postcode for yourself and the defendant.
You can find the postcode for any address in the UK for free on the Royal Mail
website (www.royalmail.com).


                                           4
If you are not able to supply a full postcode, you cannot issue your claim through
MCOL.

If you attempt to start your claim through MCOL, and fail to supply the postcode, the
claim may be struck out by a district judge and you will not be entitled to a refund of
the court fee.

Instead, if you are not able to supply a full postcode, you will have to issue your claim
at your local county court and ask a judge for permission to serve the claim with this
information missing. There is no additional fee for this, but if you omit a postcode and
fail to ask permission of the judge, the court will not allow your claim to be served on
the defendant until you supply the missing postcode or a judge permits service
without it.


Particulars of claim
MCOL is designed for straightforward money claims and the particulars of the claim
for these types of claim are generally fairly concise. The following restrictions apply:

            your particulars are no more than 1,080 characters, including spaces and
            punctuation or longer than 24 lines
            full stops and commas are the only punctuation marks used
            you have not used double spacing
            The particulars must have been typed in directly - material copied and
            pasted into MCOL will not be accepted
You cannot use MCOL if you do not meet these criteria.


Can I save my claim?
MCOL will automatically save your information as you complete the screen.

If you complete only a part of a screen, you may save that information by selecting
the ‘save’ option which appears at the top and bottom of each screen. If you click on
this option, MCOL will save your details for 28 days, which should give you
sufficient time to get together any further information you need.

There is also a ‘delete’ option if you change your mind about requesting a claim or
warrant half way through completing your details online.

Please note that once you have submitted your claim or warrant request for issue and
paid the court fee, MCOL will not allow you to delete it.



                                            5
Statement of truth
A statement of truth normally has to be signed by the person providing the
information on the claim or defence form. In order to sign a statement of truth on
MCOL, you will need to type in your name and, where appropriate, your position or
office held if signing on behalf of a company or firm.

By completing a statement of truth, you certify that the information provided is true.
A person who completes a statement of truth without an honest belief in the truth of
the given information is liable to proceedings for contempt of court.


Payment of court fees
MCOL requires you to pay the court fees by credit or debit card. Please note that you
cannot claim fee exemptions or remissions when using MCOL.

The system will automatically validate your card before your request is submitted for
issue. It will tell you whether your payment has been accepted or rejected. The
payment will show on your statement as a payment to MONEYCLAIMOL. You are
advised to check the court fee before you start your claim.

If your payment is rejected, you will be advised to contact your card issuer. MCOL
will not accept your claim for issue at this stage. However, you can save the
information you have already entered by clicking on the ‘save’ option at the bottom of
the screen. This allows you to retrieve your claim details at a later date, when your
payment can be accepted.


What happens to my claim?
All claims and responses issued online are processed through the County Court Bulk
Centre in the name of Northampton County Court. Your response will usually be
processed on the day you submit it.

There is a Helpdesk at Northampton for MCOL customers. Staff will be able to
answer questions you may have about this service. You can contact the HMCS
Customer Help Desk on Tel 0845 601 5935, Fax 0845 601 5889 or you can email
them at customerservice.mcol@hmcourts-service.gsi.gov.uk. This helpdesk is open
Monday to Friday, between 08.45 and 17.00. You can also contact them at the
following address:

Money Claim Online
Northampton County Court
21-27 St. Katharine’s Street
Northampton
NN1 2LH
                                           6
If you do not want your claim to go through a centralised process, you can
always start proceedings through your local county court.


Cancelling a claim
What if I notice after I have submitted my claim that I have made an
error? Can I stop the claim?
If you realise that you have made an error, you can, under certain circumstances,
request that the claim be stopped, but you must be quick. Once you have submitted
your claim, it will be processed at 10.00 and you therefore need to contact the MCOL
team before this time in order to request that the claim be stopped. You can do this
initially by telephone, although you will need to confirm by email to
customerservice.mcol@hmcourts-service.gsi.gov.uk on the same day. Your email
should contain the claim number and the name and address to which HMCS should
return the court fee.

Where HMCS receives notification too late, the claim will be issued and the fee
cannot be refunded.


Service of the claim
Once you have completed all information required by MCOL and paid the court fee
online, the system will display your claim number. You should make a note of this
number as this is the only means by which HMCS can trace your case details when
you contact the HMCS Customer Help Desk on Tel 0845 601 5935, Fax 0845 601
5889 or email them at customerservice.mcol@hmcourts-service.gsi.gov.uk. MCOL
will submit your claim to the County Court Bulk Centre (CCBC) to be issued. All
MCOL claims will be issued in the name of Northampton County Court, where the
CCBC is based.

Once issued, your claim and a ‘claim pack’ will be sent to the defendant. The claim
pack comprises the following forms:

            an acknowledgment of service
            a defence and an admission
If the claim form and claim pack cannot be served on the defendant for any reason,
the Post Office will return them to the CCBC. The court will send you the claim form
and claim pack along with a ‘notice of non-service’. This explains that following the
failure of postal service, it becomes your responsibility to make sure the defendant
receives these documents. Once you have successfully served the defendant you must
send a certificate of service form to the CCBC. Find the form N215 ‘Certificate of
service’ on the HMCS website (www.hmcourts-
service.gov.uk/HMCSCourtFinder/FormFinder.do).
                                          7
Please note that the claim must be served on the defendant within four months of the
date of issue. If you wish to extend the time for service, you must make an application
to the court under Practice Direction 7 of the Civil Procedure Rules before the period
has elapsed using form N244 Application notice. You can find form N244
‘Application notice’ on the HMCS website (www.hmcourts-
service.gov.uk/HMCSCourtFinder/FormFinder.do).

Practice Direction 7 explains the start of proceedings which both the High Court and
the county courts have jurisdiction to deal with.

Find the text and related guidance for Practice Direction 7 on the Ministry of Justice
website
(www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part07.htm#i
d3585740).

The fee for the application is currently £40. Once you have correctly submitted your
application, it will be considered by a district judge at Northampton.


Responding to a claim: defendant’s options
The defendant has 14 days from the date of service of the claim to respond. The date
of service is calculated to be five days from the date the claim is issued.

Once the defendant has received the claim, they have six options to respond:

            pay the claim in full
            file an acknowledgment of service
            make a full admission
            make a part admission
            defend the claim
            make a counterclaim
With the exception of a counterclaim, there is no fee for responding to a claim.

If the defendant chooses to ignore a claim, you can request judgment by default
through MCOL. This may result in an order saying that the defendant must pay the
money claimed on terms specified by you.

Paying the claim in full
If the defendant chooses to pay the claim in full, including the court fees and costs,
they will send or make payment direct to you. Once you are satisfied that any funds
have cleared, you may wish to notify MCOL that the claim has been paid in full. You
can do this by email, telephone, fax or letter.

                                           8
If you have issued any enforcement proceedings and you receive a payment direct,
you must inform the local court that is dealing with it.

I have received a full admission asking for time to pay
Where the defendant admits all of the claim and asks for time to pay, they should
notify you direct and should usually do this using form N9A Admission (specified
amount). Find form N9A ‘Admission (specified amount)’ and guidance notes on the
HMCS website (www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do).

You must decide whether you are willing to accept the terms of the defendant’s
admission. If the defendant’s offer is acceptable to you, you may request judgment by
admission through MCOL by selecting the ‘Judgment Start’ option.

If the offer is not acceptable, you should complete form N225 Request for judgment
and reply to admission and send this together with a copy of the defendant’s
admission Form (N9A) to MCOL. The court will then determine how the defendant
should pay and will enter judgment against the defendant.

Find form N225 ‘Request for judgment and reply to admission (specified amount)’ on
the HMCS website (www.hmcourts-
service.gov.uk/HMCSCourtFinder/FormFinder.do).

If the defendant admits the claim but fails to make an offer of payment, then you are
entitled to enter judgment against the defendant by default.

Please note that you may not request judgment by admission if the defendant has not
provided you with a written statement to say that they are fully admitting the claim.
To qualify as a full admission, the defendant must have ticked the box ‘I admit the
full amount’ and signed the statement of truth on the reverse.

Once you have submitted your request for judgment by admission, MCOL will deal
with your request. Where it is received before 09.00 on a day when the court is open,
the request will be processed at the end of the day; if it is received after 09.00, it will
be processed on the next day the court is open - again, at the end of the day - and may
not appear on MCOL until the following day. For more information, see the section in
this guide on viewing the progress of a claim.

I have received a part admission
If the defendant agrees that they do owe some money, but less than is being claimed,
this is called a ‘part admission’. The defendant can make a part admission by
completing the form N9A Admission (specified amount) in their claim pack or online.
Find form N9A ‘Admission (specified amount)’ form and guidance notes on the
HMCS website (www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do).

This should be sent directly to the court.
                                             9
By making a part admission, the defendant can defend the disputed amount and either:

            pay the amount admitted
            apply for additional time to pay the amount admitted
            make a counterclaim against the claimant
If the defendant makes a part admission, the court will send a copy to you. You must
decide whether to accept the part admission, and notify the CCBC of your decision by
fax or post.

If you accept it you can request that the court enters judgment against the defendant in
the terms offered. You should complete the Request for judgment and reply to form
N225 Request for Judgment and reply to admission (specified amount) and forward
this to the court.

You should complete form N225 Request for judgment and reply to admission
(specified amount) and forward this to the court.

Find form N225 ‘Request for judgment and reply to admission (specified amount)’ on
the HMCS website (www.hmcourts-
service.gov.uk/HMCSCourtFinder/FormFinder.do).

If you do not accept it, you must inform the court within 14 days. Failure to do so will
result in the claim being stayed.


Acknowledgment of Service
If the defendant does not admit the whole claim, they should file a response within 14
days of service of the claim. However, if they need more time than this, filing an
acknowledgment of service extends the total time for filing a response to 28 days
from the date of service.

The filing of an acknowledgment of service might also be used to tell the court that
the defendant intends to contest the court’s jurisdiction. This means that the defendant
believes that the court does not have legal authority to hear the claim that has been
made against them. Jurisdiction in this context does not refer to geographical location
- for example, if the defendant lives in London and the claim was issued through
Northampton, this cannot be considered as grounds to contest the court’s jurisdiction.

The defendant can complete and submit an acknowledgment of service online or by
filling out the acknowledgment of service form in the claim pack and either faxing or
posting it to the court. The court will notify you if the defendant files an
acknowledgment of service and what happens next.



                                           10
Defence
If the defendant disputes the full amount of the claim, they will complete a defence.

The defendant can complete and submit the defence online, or by filling out the
defence form in the claim pack and sending it by post or fax to the court.

The defendant should complete and submit their defence within 14 days of the date of
service of the claim, unless an acknowledgment of service was filed, in which case
they should respond within 28 days from the date of service.

The defendant must state which allegations in the claim they deny and the reasons for
doing so. If they fail to deny an allegation, it may be taken as an admission.

Before submitting a defence the defendant will be required to complete a statement of
truth.

If the defendant is an individual and files a defence, the case will be transferred to the
defendant’s home court. Where the defendant is not an individual - ie if they are a
business - the case will be transferred to you or your representative’s home court. This
means that your claim will no longer be handled by the MCOL system.

MCOL will send you a notice of transfer, an allocation questionnaire, and if the
amount claimed exceeds £1,500, they will also send you a request for the allocation
questionnaire fee. The allocation questionnaire will help the judge decide how the
case should proceed. Most claims for £5,000 or less are dealt with in what is called
the ‘small claims track’. Claims of more than £5,000 are generally dealt with
differently, either in the ‘fast track’ or ‘multi-track’.

Find guidance and forms for ‘Small claims track’ (EX307) on the HMCS website
(www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do).

Find EX305 ‘fast track and the multi-track’ form and guidance on the HMCS website
(www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do).


Making a counterclaim through MCOL
If the defendant has a claim against you - a counterclaim - they can either make it
online or by completing form N9B Defence/counterclaim (specified amount) in the
claim pack.

Find form N9B ‘Defence/counterclaim (specified amount)’ on the HMCS website
(www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do).

The defendant can only make a counterclaim online if they are filing a defence to all
or part of the claim.
                                           11
Where the defendant files a defence and a counterclaim, but has not paid the court fee
for the counterclaim (or gained fee remission or fee exemption), HMCS will transfer
the claim to the appropriate court. HMCS will inform the defendant that if the
counterclaim fee is not paid within seven days to the local court, then the local court
may take steps to strike out the counterclaim. HMCS will also copy this to you for
your information. Before you start work on a reply to a counterclaim, you are advised
to check with the local court whether the counterclaim fee has been paid.


What if the defendant ignores my claim?
If the defendant chooses not to respond to your claim, you can request judgment by
default. MCOL will prevent you from doing so until 14 days from the date of service
have passed, or 28 days where the defendant has filed an acknowledgment of service.
The date of service is calculated to be five days from the date your claim was issued.

You may request judgment by default through MCOL by selecting the ‘Judgment
Start’ option

You will be asked to decide whether you want the defendant to pay your claim by
instalments or in one lump payment. If you have claimed interest as part of your
original claim - ie you included details of interest claimed in the Particulars of Claim -
then you are entitled to claim interest from the date of issue up to the date you are
requesting judgment.

Once you have submitted your request for judgment by default, MCOL will deal with
your request. Where it is received before 09.00 on a day when the court is open, the
request will be processed at the end of the day; where it is received after 09.00, it will
be processed on the next day when the court is open - again, at the end of the day -
and may not appear on MCOL until the following day. For more information, see the
section in this guide on viewing the progress of a claim.

This means that, if the defendant files a response (an acknowledgment of service,
a defence or a part admission) with the court by 16.00 on the same day as your
request is to be processed, the response will take priority over your judgment
request.


Requesting a warrant of execution online
Where you have requested judgment by default with immediate payment, you can
request a warrant of execution, once the status on MCOL shows that judgment has
been entered. Find leaflet EX322 ‘How do I ask for a warrant of execution?’ on the
HMCS website (www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do).




                                            12
You can also request a warrant if the defendant fails to make payments under the
terms of their judgment order - this applies whether the judgment is obtained by
default or by admission.

If you are aware that the defendant’s address has changed, you must inform the court.
You can do this online. You cannot issue a warrant against a PO box number address
as the bailiff will not be able to arrange a visit.

There is a fee for issuing a warrant, which you will be asked to pay using either debit
or a credit card. This court fee is added to the amount owing.

Find leaflet EX50 ‘Civil and Family Court Fees - High Court and County Court’ on
the HMCS website (www.hmcourts-
service.gov.uk/HMCSCourtFinder/FormFinder.do).

To request a warrant online, log on to the system using your user ID and password,
select the claim you wish to manage and select the ‘warrant of execution’ option.

The warrant must be issued for either:

            the balance due under the judgment
            if the judgment is payable by instalments, a minimum sum of £50 or one
            monthly instalment, whichever is the greater amount
Once your warrant has been issued, the warrant will be sent electronically to the
bailiffs at the defendant’s home court but your claim will still be administered at
Northampton. The bailiff will make several attempts to recover your money and will
keep both you and the CCBC updated as to progress.

If you have any queries regarding the progress of the warrant, you should initially
contact the court where the warrant has been sent, but failing that you can contact the
HMCS Customer Help Desk on Tel 0845 601 5935 on Fax 0845 601 5889 or you can
email them at customerservice.mcol@hmcourts-service.gsi.gov.uk. This helpdesk is
open Monday to Friday, between 08.45 and 17.00. Alternatively, you can write to
them at the following address:

Money Claim Online
Northampton County Court
21-27 St. Katharine’s Street
Northampton
NN1 2LH

If you wish to enter judgment and immediately enforce it by a warrant of execution to
the court bailiff, you can do so online but you will need to wait until MCOL shows
that judgment has been entered before you can request that warrant.



                                           13
Once you have submitted your warrant request, MCOL will deal with your request.
Where it is received before 09.00 on a day which the court is open, the request will be
processed that day; if it is received after 09.00, it will be processed on the next day
that the court is open.


Reissuing a warrant of execution
If you need to reissue the warrant of execution, you cannot do this online. You will
need to complete a request for re-issue of a warrant (form N445) on the HMCS
website. Find form N445 ‘Request for re-issue of a warrant’ on the HMCS website
(www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do).

Please note that if the warrant is to be reissued to a new address, you will have to pay
a court fee, which is currently £25.


Other methods of enforcements
Other methods of enforcement are available, but not through MCOL. For more
information on other enforcement methods, you can find Leaflet EX50 ‘Civil and
Family Court Fees - High Court and County Court’ on the HMCS website
(www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do).


Viewing the progress of a claim
MCOL is available 24 hours a day, seven days a week. This means that claimants and
defendants can check the progress of the case online at any time.


How do I print a copy of my request?
Printing screens
Throughout MCOL, you can click on the ‘print’ option from your internet browser
toolbar to effectively print what you can see on screen.

Printing the request
You can also print your claim following successful submission. Using PDF software,
the information you have provided will be placed into the relevant fields in the
appropriate forms. You can then print and/or save this document as a copy of your
claim.

You can print your claim as many times as you like following successful submission,
but you will not be able to amend any of the information you provided.

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