How Do You File a Money Claim in the UK?
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- เผยแพร่เมื่อ 5 ก.ย. 2024
- Guide to starting a money claim online in the UK, discussing the process and legal considerations.
This is my brief overview of how to start a money claim online. I talk about small claims in court and the basic steps of filing and issuing a claim. For a deeper look at the money claim online system, see the link below.
• How to start a SMALL C...
Money Claim Online:
www.moneyclaim...
New Beta Money Claim:
www.gov.uk/mak...
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I watch these vids to keep up with the legal system. I go through them through my rest periods. They are not too intense and the info is easy to remember. I personally find them the right length.
Thanks to your video guidance I have started my small claims in recovering loan arrears due to one missed and three reduced payments which I disagreed with, stating breach of contract. I suspect my defendant will max out on the 14-day deadline, asking for an extended 14 days. I have followed pre-action protocols and await a response. Thanks again for your guidance, much appreciated.
How did it go? How long was the process?
@@mercylonge5541 It took around three months. I won my claim.
Thank you for breaking it down...Blackbelt Barrister
Thank you very much for your precise explanation! I am currently preparing for QLTS Exam to become a solicitor and these videos help me a lot to better understand the subjects:)
What if I want to possible sue the stupid defendant?? As they missold me something. Might take more than a claim I assume..
This video has been EXTREMELY helpful. I can't thank you enough..
The biggest problem with MCOL is the need to have a current residential address for the defendant. If you have tenants who move out with rent arrears they probably aren't going to give you their next address - so where does that leave you? You might have their employment address from their referencing, if they're still working at the same place, but MCOL explicitly says that individuals can't be served at their place of work using the MCOL service. From what I've read, papers can only be served in person using the County Court, or by letter to an employment address with special court permission. If you don't have an employment address either then you're completely stuck, short of paying for some private investigator.
This doesn't seem like a very level playing field, and it seems to make it far too easy for bad actors to abscond without having their credit history affected. With any financial transaction with a business/financial institution, though, they would find a way to get failure to pay on someone's credit record either way.
Or am I missing something here?
You serve at the address the Tenant rented from you at. And in your Witness Statement you advise this is the ‘last known address’ you have for the Tenant.
This covers you on two grounds of fairness:
1.
Firstly, it is pretty much standard in an AST for the Tenant to provide a forwarding address in writing to the LL upon vacating the Property. If the Tenant did not then that is their lookout not yours;
2.
Secondly, the Tenant has the opportunity to have its subsequent post diverted to its new address if it so chooses. And it is not your problem if they do not;
In reality you hope the Tenant does not have its post diverted and then you can apply for Judgment in Default due to non-response. Again, that is the Tenant’s issue, not yours.
@@nickcorleone8709 Oh, interesting, thanks! I had just presumed if you as the LL know the tenant is no longer at the property - especially as it's your property - it wouldn't be valid
You are missing something;
1. You can serve at last known address
2. You can use a tracing agent to find out any linked addresses
If you go to court processor they can do checks
Thank you very much for presenting this information.
I've never made a claim. But it's interesting to know the procedure to how such an affair is handled, for possible future reference, thank you.
Why aren't all details of small claims/County Court trials available for public scrutiny? What happened to "open justice"?
Time and resources for the most part and not setting binding precedents for another
I once nearly issued a small claim but a bit of due dilligence showed the defendant was living in rented accommodation, likely to run, and my understanding is you cannot recover the costs of engaging bailiffs.
And on a different point there was a (in my opinion fairly famous) case against a man known as Fergus Wilson. The judge in the pre-trial / track-determination hearing apparently found his claim vexatious and his refusal to respect court procedure contemptuous. As a result the *defendant* was awarded costs(!) and the claim went no further.
Can I make a large money claim using the paper route without engaging a Barrister or lawyer and if so, where would get the paperwork from? The claim I'm considering is in regard to medical accident during surgery causing a terminal illness.
If you lose the small claims, do you have to pay a lot in legal fees etc for the defendant?
Thanks for the video. I've just had to file a simple procedure claim and stated that all contact be through the online portal. The respondent has replied to me via form 4A response form and not sure if he has done so to the court yet, only received it yesterday. He ticked the box that he'd like all contact via post, confusing. I've asked the court to deal with this, which is an option so I guess they'll need to write to him and contact me via the portal, I'm guessing. Not sure. Have you any clarity on this please? Appreciate any reply or not. Jim.
if you start a money claim but in your claim have also requested specific performance and then it is transfered to the small claims track ca it be struck out on that basis
This is brilliant thank you ❤
I´ve got a money claim going against two defendants now the claim has disappeared has anyone else had the same problem?
I used the online system and found it very difficult to use and I did not receive a defending pack to fill in and post back so I sent all my details by recorded delivery to the court and the next thing I know is a Baliff turns up wanting lots of money.
I now have filed a claim of my own trying to reclaim my money but can’t see any ware to up load my evidence so that the court can see my case is true….
What is the court fees for a money claim value £3000 to £5000 using the paper claim system?
Thank you. Do you have info on how to defend a money claim? I have reason to believe a pair of brothers, electricians, are abusing this tool, to money claim residents in my building for "no show" electric work costs that none of us had asked for. Their contract was via a property agent company Fraser and Co. They no longer use them after this incident.
But now the electricians are using money claim against me. I have attempted three times to resolve the matter myself....I need help....
Hello and thanks for the video a took a garage and used the online system pritty much followed the process you describe apart from one thing before it got assigned they made us go to mediation garage didn't turn up judge extended his time to respond he missed that date judge set a preliminary hearing he failed to attend judge ordered car be inspected by 3rd party defendant refused got hearing date and covid hit delay after delay but as he hadn't submit and evidence I asked for summary judgment and judge agreed
Dear
1. I got judgment in favour of me due to not responding of defendants on sep 2023
2.Defendant mad application after 33 days of making set a side the judjment.
3. We have first hearing 15 min in lecister but judge didn’t decide the decision as not enough time. Sent to bristol court.
4. We had 12 june hearing on Bristol county court via MS Teams. Jude favour to defendants as there mandatory grounds.
I lost the case as my barrister didn’t show any evidence behalf of me he didn’t argue. Because of his inadequate response i lost my case.
he didn’t Submit my crucial evidence either. I sent the court which is crucial evidence of the day of hearing but they didn’t consider that as late submission.
Could please help me how i can approach to review the case and wants to show the proper evidence.
hello..
i running a exporting business in turkey and i exported our products to a uk ltd company and then Our products were shipped, delivered, and
custom clearance was completed. i got down payment balance half. now i not able reach company representive. my question is I am not a British citizen, can I make an online money claim for the remaining amount?
Can I claim interest on the owed money?
Thank you, very informative 🙏
If someone decides to give money in exchange of an agreement, but then changes their mind to loan instead- after the agreement was done by the other party, could they still claim the money back? Or the first agreement stands? Given that the other party has done their part of the deal.
THANK YOU. 🙏🏻
Please could you help me I have been without Gas for 19 months over energy has accepted this and apologised profoundly it was with the Ambus man, but I was not happy that Obus man decided one. I’ve got to have a letter of apology to all the £30 for Mr pointman to be refunded 3 to sort out the meter And for £175 credited to the meter that is an absolute sham of an offer. It cost me £170 of fortnight to run the electric just to keep a little bit warm. Please can you help me take this to court, I don’t know where to go or what to do or how to do. Many thanks
Good Video. Thanks
Great informative video as always. I do have one question. If someone filed a claim against me, giving me the 14 days to respond, but I was out of the country and on my return, say after 16 days, would I have any defence in acknowledging the claim late or would judgement have been raised.
If he got a judgment in default, you would need to apply to set aside the judgment with a witness statement setting out the circumstances. I'll do another video to cover these scenarios!
Thanks Daniel.
I'm being claimed against at the moment.. So this is interesting... Don't blame me please... My dog was poisoned. Needed treatment and I'm not allowed to work at moment, so money is really really tight..
Come on please cover the Cestui Que Vie I know you see this🙏🏻
Can a claim as such be brought against a person who owes over 200,000 dollars and the person kids in Canada..is Canadian and I live in the Bahamas where the agreement to pay was made...?
So the Claimant uses an address at which the Defendant no longer resides. The Defendant has no idea of the claim being made against him/her and a judgment is made against the Defendant on the basis of no contest. Surely, the papers have not been “served” until they have been physically received and not just put in the post? Northampton doesn’t even used a “Signed For”service.
There are mechanisms to "set aside" the judgment if D can show he genuinely had no knowledge of the claim.
It’s completely immoral that a claim is considered as being “served” when the claim papers have not been received. I ended up with a CCJ and had no idea until 4 years later, when I applied for a re-mortgage. The claim (£120) was entirely spurious and it ended up costing me thousands. Sorry but the system is not fit for purpose as it is open to abuse. As for 2 weeks to reply, what if the claim is posted on the day you head off to Benidorm for your annual lash-up?
@@BlackBeltBarrister so it looks like Boris was also a victim of a malicious money claim. Proves my point that the “defendant” can have no idea they have been served, which is just madness.
I claimed for £5000 and last week I received a DQ form from my defendant and he mentioned mediation service. Please , Can you tell me is it sign of positive?
Can non money claim (Breach of Contract) be filled and sent online? Is it N1 form?
What if you bought a product that never arrived after 2 years of waiting from a UK based company, but you live in the USA and wish to make a money claim? I know you have to have a UK address to fill out their portal online, but could a solicitor help accomplish this?
What was the product
Thanks for the video. Can I use this form to make a claim against a client based in Denmark (I'm in the UK), since the European Small Claims procedure finished at the end of 2020 and I think it didn't apply to Denmark anyway.
England and Wales only
I'm landlord for a commercial tenant in rent arrears £55k from 6 yrs ago. Verbal lease. Landlord issued possession notice. Tenant counter claimed new lease. Can i issue money claim?
What if I don't know genuine defendant's details? What would be the next step?
You can go to a court processor as long as you have an idea where they live they can run checks on your behalf.
How do you figure out how much a claim is worth though?
Just an interesting point concerning monies. Contract Law is for goods and services, correct? So if a broadcaster offers a service to the general public should not that broadcaster charge under Services, rather than, say, make a universal charge for a licence to view its live streaming content and that of others, which also means a Monopoly by one broadcaster, which is illegal, is it not?
Ah, you refer to TV Licensing, perhaps? I have particular views on this!
@@BlackBeltBarrister Yes! I take it that the Act that it comes under is Bad Law, that it should surely come under the Civil Law of Contract, and surely a monopoly is illegal, as much as a continual sending of letters to intimidate persons to purchase a licence, harrasing people and ending up demanding monies with menaces, threats of court action is you do not pay up, and I could go on
@@BlackBeltBarrister Yes, and bad law
Ive to get back from my ex. I’ve bank statements. Can I get it please??
My ex won't give me money she owes me to the amount of 527. I've emailed and called at her home. Only I didn't see her she has phoned the police with some nonsense about harassment. To avoid paying the money back. What do I do? I have proof via bank statements and also have conformation that she got the money back from a trip we book but I paid for.
You can apply to have amounts taken from her by say an employer.
Would it be difficult to start a claim online from the US for a situation with someone that resides in the UK?
No as long as you have a UK address for correspondence
I lodged a money claim and won at county court. Defendant ignored the judgement and still hasn’t paid me months after my successful case. Where is the best place to go to seek further advice? I could use debt collectors/bailiffs but I no longer know where the D lives…
Enforcement options - Third Party Debt Order, Attachment to Earnings order, etc. Do you know D's bank details?
@@BlackBeltBarrister Yes I do. Can I use these to further my chances of getting my money back?
@@EG3HC yes - feel free to email me privately ds@ShenSmith.com
I opened a bussines with business partner.Few weeks after opening,I got scammed by him.He resigned me as a director without my knowledge(Companies House 50/50,10 shares each).can I go to small claim court without knowing how much I want to claim?
I need business valuation first.
Thanks. Can I claim £50000 in small claims court without going through the long civil procedure court?
Yes
I want to issue a claim but i don't have his current address only phone number. How do i go about it
Go to a court processor they carry out address checks for around 40 GBP.
I am trying to use the Beta system but there appears to be no way to submit ANY evidence beyond the summary statement!!?
Evidence comes later - the first step are just the facts and chronology! 👍
@@BlackBeltBarrister I went this way a few years ago and 'later' never came. I ended up in court with no evidence, so I still dont know WHEN I get to submit it!
@@manoo422 I’ll do another video 👍
I have served someone who didn't pay me, and nothin' happened. The system works for some and doesn't for others like me.
Nothing is going to happen with a simple CCJ, you have to then take things to the next level.
Do you have any legal thoughts on how people can go about taking Legal action against any Companys that decide to enforce Vaccine only Gyms pubs clubs etc as many of us would like to have papers ready to stop this tyrannical government continuing with there agenda 21/30
Or if you know anyone who would be willing to make Legal papers for us.. Obviously willing to pay...
If it's possible to have a Generic papers so they can be used everywhere.. Great Channel thanks
It breaks multiple laws my friend, there are various lawyers out there that will help you for free.. The 2 Tier system they have created will collapse in the end anyway my friend and I wouldn’t be too worried about getting cut out of society because of not having your Covid (Certificate of Vaccination ID)
🧑⚖🧑⚖🧑⚖️ ✌️😎 🇬🇧 👍️️
I submitted a money claims for a motor dispute and I just gave a overview didn’t provide any further information the defendant has responded with a solicitor how do I now add further details and provide evidence for my claim
How long did it take to get a response? And how did it go???
@@mercylonge5541 didn’t win the claim as they said I added extra documents without getting permission