General advice RE the processes defending a claim on the OCMC MoneyCLaim (beta) system

[cabbies crick]

Hi

 

Hope it's ok to ask this separate from my other thread.  It's just some general info I'm after please, not case specific.

 

I'm finding there's very little guidance about the OCMC (Money Claims beta) system and as such I'm finding putting my defence together quite difficult.  

 

1. Can the different aspects of the form be saved and revisited/changed prior to submission?  For example, “choose a response”.  If I choose “admit part” can I change it to “reject all” later if needs be?  
2. What’s the format for the defence?  Aside from the details of the defence is there also a separate timeline?    
3. “List any evidence (optional)”.  If, for example, I have got lots of photos of various parts of the job do I just put in one entry for all the photos?  Or a separate line for each and every photo?  Or group photos per topic?  
4. Is this the only chance I get to list evidence or do I get another chance later in the whole court process?  I don’t know at this stage whether some of the evidence will be relevant or not.  
5. I note the claimant has not entered anything on his “List any evidence (optional)” screen (unless he has and we don’t get to see it yet?).  If we would see his list of evidence and there is none, does he get another chance add evidence later?  

6. From what I can tell there are no word limits, but could anyone confirm please?

 

Any thoughts on the above or links to guides would be a massive help. 

 

Many thanks

[dx100uk]

1. no. and do not admit part = instant CCJ.
2. see other like threads here already regarding building trade court claims, sep timeline for what?
3. evidence is for the witness statement stage after allocation to your local court.
4. as above
5. as above
6. keep your defence short brief and simple.

[cabbies crick]

Thanks @dx100uk In reply to your answers:

 

1. Just to be clear, I meant can I change BEFORE confirming my submission, IE while it is still in draft stage?  I want to see what the next pages in the process ask but cannot get to them without answering that first page.

 

2. His claim consists of one sentence in the "Reason for claim" field, and then 3 pages of details on a timeline.  From the little I can gather, the defence will ask for details as to why I reject the claim, and then my timeline.  Yes, I've been reading several of the epic threads on here - every post on every page!  But unfortunately it doesn't help with these aspects.

 

3, 4 and 5. But from what I can tell, the process will ask me to list all of the evidence I intend to base my defence on.... Not submit it, just list what type of evidence it is and what it pertains to.  He was asked the same.  So it's normal for him to just ignore that and then introduce the evidence later (and for me to do the same, and just leave that part of the form blank)?

 

6. I'll do my best. The problem is, his claim skirts around a lot of the issues. It's very much based on his narrative. I need to address his assertions, but I don't know how I give a defence without also stating my reasons as to why I don't agree with his claims.  It's so tricky!

 

Thanks again

  

[cabbies crick]

And just to add RE point 1.  If the cost to put all the work right is less than the money owed, I presumed I would have to admit part?

[cabbies crick]

Not sure if is matters, but when writing my defence is it best to refer to myself as "I" or "the defendant"?  Ta

[dx100uk]

ignore wrong thread.

 

as yourself

 

[cabbies crick]

Hi all

 

I've submitted my defence through the Money Claim beta system (OCMC) and took notes while I did so to share on here.  I found it difficult to get any info before I did mine, so if someone stumbles upon this in the future perhaps it might prove useful.  

 

- Changes and Revisions.  Yes, you can revise everything.  You just go back in and change it however you want.  It is all changeable up until when you submit it at the final stage.

- Word Limit.  There did not seem to be a word limit for the defence or timeline.

- Error Messages.  However, when I copied and pasted my draft defence from a word document onto the online system, it did throw up and error message when I first tried to get to the next screen.  I panicked initially thinking I'd exceeded a word limit.  But after A LOT of monkeying around for ages I found out it wasn’t due to the amount of words but that it did not like one particular sentence.  I've no idea why not, but when I played around with it the error disappeared.  Very odd!  

- Costs (i.e. a breakdown of how much you think you don't owe).  There was no separate page for this.  It just asked how much I think I owe (as a part admit).  So I kept the costings calcs I made in the defence.

- Formatting of Defence.  When you get to the last confirm and submit page, it puts all of the sentences and paragraphs of the defence into one long stream of consciousness, with no paragraph spaces etc.  But once it actually creates the form, the spacing comes back again, so no need to worry.  

- Directions Questionnaire.  This formed part of the process, and so was submitted at the same time as the defence.  

 

Here's a run down of all the different pages I got whilst submitting the defence.  Note that I part admitted.  Presumably if you fully admit, or fully defend you'll get different pages.  

 

1.Prepare your response
- Confirm your details
       - Date of birth
       - Phone number (optional)
- Decide if you need more time to respond

 

2.Respond to claim
- Choose a response
       - I admit all the claim / I admit part of the claim / I reject all of the claim
       - Have you paid the claimant the money you owe?
- How much money do you admit you owe?
- Why do you disagree with the amount claimed?
- Box to enter defence
- Timeline.  And option to comment on their timeline.
- Evidence.  And option to list any parts of their evidence you disagree with 
- When will you pay the £xxx?
       - Immediately *or* by set date *or* repayment plan.

 

3.Resolving the claim
Free telephone mediation
- Agree to / decline
- Phone number

 

4.Your hearing requirements
- Give us details in case there’s a hearing
- Support you require
- Choose hearing location
- Expert witness (it says:  “It’s rare for a judge to allow you to use an expert in a small claim. Most small claims don’t need an expert.  An expert is not a legal representative.”)  
Options are continue without *or* I think this case requires an expert.  
- Do you want to give evidence?
- Do you want other people to give evidence?  How many?
- Are there dates in the next 9 months when you or your witnesses can’t go to a hearing?

 

5.Submit
- Check and submit your response
- Includes statement of truth

 

Cheers

[dx100uk]

you should always finally save the file as a TEXT document    .txt

do not copy and paste from a .docx word file

 

if you copy and paste the text on your screen from an open .doc or .docx file into mcol you are also copying hidden format control characters you cant see on screen. that what screws it normally.