Sending detailed particulars on MCOL

[lawmon]

Hi all,

 

I submitted a claim through moneyclaim online and clicked the option for sending detailed particulars direct to the defendant. What I'd like to know is, what do I include in the detailed particulars, do they have to follow some kind of standard format and lastly, can I send them via email or do I have to post them out?

 

I'd certainly appreciate any advice, thanks!

[Ganymede]

Impossible to give any advice until you tell us what your claim is all about.

 

As for service, you should really post the Particulars or at least fax them. Email generally isn't sufficient.

[lawmon]

Okay thanks, I'll make sure to post it out. I'll just give you a quick outline of the case, I don't think it's very complex to be honest:

 

I'm a self-employed freelancer and was contacted by a company asking me to design a new website for them. A price, timescale, design etc was agreed, the site was completed and I invoiced them. Since finishing it, I didn't hear from them at all - no calls emails anything. After many emails and phonecalls I eventually spoke to the main guy at the company and he came up with some rubbish excuse for not getting back to me. Anyway, time goes on and still no payment (the site was finished last June!) so I got tired of waiting and began proceedings against them. Basically, I carried out a service which I haven't been paid for.That pretty much sums it up anyway!

[renegadeimp]

Did you follow the pre action protocols including issuing a LBA?

[lawmon]

Yes, the letter was sent out in early November

[Mike_hawk]

Don't forget to print and enclose a response pack with your particulars, retain proof of service just in case this is ever brought into question. You only have 14 days in total after the court serve the claim form. Also ensure you file your N215 with the court within time.

[lawmon]

Thanks for that, do you know where I could get a response pack or have a link for me to print one off?

[Mike_hawk]

Assuming relief claimed is a specified sum you'd need to include N9, N9A & N9B, for unspecified values there are N9C & N9D

 

http://www.justice.gov.uk/courts/procedure-rules/civil/forms

[lawmon]

Thanks for the info, I've sent it all out today. Now I'll just have to wait and see if they decide to pay up!

[Mike_hawk]

Make sure you file your N215 in time, you can find the correct form at post #8

 

If its within the threshold for small claims it may take a punt on defending if there's a limited risk to costs exposure

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07e

 

Particulars of claim and certificate of service

6.1 Where the particulars of claim are served by the claimant separately from the claim form pursuant to paragraph 5.2(2), the claimant must –

(1) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(2) file a certificate of service in form N215 at Northampton County Court within 14 days of service of the particulars of claim on the defendant.

6.2 The certificate of service may be filed at the court by sending form N215 by e-mail to [email protected]. However, the subject line to the e-mail must contain the claim number.

6.3 The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 12.1 or 12.2 within 7 days of service of the notice of transfer by the court.

6.4 Where the proceedings are not transferred under paragraph 12.1 or 12.2 and remain at Northampton County Court, the claimant is not required to file the particulars of claim at that court unless ordered to do so.

[lawmon]

Hi, just thought I'd give a bit of an update to my case. I proceeded with the claim and got a judgement by default and received a cheque from the defendants a few days after that! Thanks for the help here anyway!

[Mike_hawk]

Excellent news, wish they were all as straightforward to resolve