N1/ mcol particulars of claim

[nicolagg]

Hi - I have looked in the forum extensively but couldn't find an answer to my specific question so hoped to get some advice here. Apologies in advance if i missed anything obvious!

 

I need to commence a money claim via small claims court today. I am bringing the claim against a digital agency for breach of contract in relation to services promised and not delivered, and the site provided not being fit for purpose due to lack of functionality etc. This resulted in us suffering loss and damage and we are seeing payment of money (the monies paid to them for the services) as remedy.

 

It was suggested I use MCOL but I can see from the claim form there and numerous threads here that there is a limit to the characters for POC and given my case is slightly complex i am concerned I will not have enough space, or be able to attach the additional documentation needed (agreements, timelines, pre action letters of claim etc)

 

Would you guys suggest in my case the N1 is the way to go - and is there a template for POC for breach of contract on the site - I couldn't find one and did look extensively last night so any guidance gratefully appreciated.

 

Many thanks

[AndyOrch]

Hi nicolagg and Welcome to CAG

 

You can still use MCOL you serve the particularised particulars separately..CPR 16.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16

 

With regard to a template in your particular claim I'm afraid that we do not have one as all claims of this nature are unique to each claim.For the MCOL particulars just keep it short and succinct to the point and finish it with interest claim (Section 69 8%).

 

Regards

 

Andy

[nicolagg]

Hi Andy - thanks so much for your quick response. My concern with serving the particularised particulars (which include full detail of the services agreed, the invoices showing services promised and not delivered, and the pre action letters of claim in our attempt to resolve this any other way) is that these go direct to the Defendant as i understand and are not lodged with the claim form? thanks!

[AndyOrch]

They shouldn't be part of your particulars/claim anyway...you can submit just a short synopsis on MCOL...if they wish to defend the claim and it proceeds then you will be expected to submit a witness statement and standard disclosure (that's when all the above come into play).

 

See CPR 16

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.2