There are a variety of ways to recover money that is rightfully yours, including making a money claim online. Below, we have detailed the money claims process under Part 7, guiding you through the process from beginning to end.
The Part 7 CPR Civil Procedure
The money claims process under Part 7 sets out the rules for court claims related to recovering money. If you are taking court action against someone who owes you money, you must follow the correct steps and issue a claim form. The person who owes you money, the defendant, can then decide to admit the claim, defend the claim, or admit only part of the claim. If they don’t respond to the claim, you can apply for a default judgement.
How the Claim is Issued
To start the money claims process under Part 7 and to make a money claim in County Court, you must complete an N1 form. You can then use the Money Claims Online (MCOL) service, as long as the amount of money you are claiming is less than £100,000 and it’s not against more than two defendants. You can also only use the MCOL service if the defendant has an address in England or Wales.
Date of Service
The date of the claim is given as the date entered on the form by the court, and then the County Court sends the claim form to the defendant. The particulars of the claim can be sent at the same time, or they can be sent within 14 days, but not after this. The forms the defendant needs to admit or defend the claim must also be sent by this date. The claim form is considered ‘served’ on the second business day after it has been delivered.
Claim Form and Particulars of Claim
As part of the money claims process under Part 7, the claim form needs to detail the reason for the claim and the outcome that the claimant wants from the court. It must also detail the value of the claim, including if the claimant is seeking compensation and how much; less than £10,000, more than £25,000 or somewhere between the two.
Defendant’s Response to the Claim
The defendant must respond to the money claim within 14 days, and the time limit runs from the date that the particulars were served. They must respond saying if they are admitting the claim, defending the claim, or asking for more time to file a defence.
Claimant’s Application for a Default Judgement
Once the time to respond to the money claim has passed, a claimant can apply for a default judgement by submitting an application on a N227 form. The court is unable to grant a default judgement if there are other things that need to be decided as part of the case, such as if the defendant has filed a defence or if they have sent an admission to the claimant.
The money claims process under Part 7 can seem daunting and complex, but Cobra Financial are always on hand to help. Contact our debt collection experts today to find out more about money claims online, and why seeking the help of a debt collection agency is usually the better route to take.
