Making Small Claims Online

Issuing a Claim Online

Since 2001 it has been possible to issue some claims online using Money Claim Online, a service provided by Her Majesty's Court Service (HMCS). A claim can be started online if:

• It is for a fixed amount of money;
• The amount claimed is less than £100,000; and,
• The claim is against no more than two defendants.

A "fixed amount of money" means that the person bringing the case can calculate exactly how much they are claiming from the other side. For example, a builder has done work for someone who has refused to pay for it. The builder knows exactly how much was due on the invoice. If interest is claimed this should also be calculated prior to issue. The builder is bringing a claim for a fixed amount: the value of the invoice plus the amount of interest that has accrued on it.

Claims Which Cannot be Issued Online

If the amount claimed is not fixed - for example a claim for damages in respect of an injury where the level of damages will have to be decided by the court - it cannot be issued online. The online system provides a very limited amount of space for the details of the claim - a maximum of 1080 characters over 24 lines. Therefore if the claim cannot be described within this space it cannot be issued online. In addition a claim against a government department or the monarchy is not eligible for the online procedure.

People Who Cannot Issue a Claim Online

Claimants who fall into these categories cannot use the online service:

• Minors - anyone under the age of 18.
• Protected parties or "patients". A protected party is someone who is deemed to lack the mental capacity to bring court proceedings as defined by the Mental Capacity Act 2005.
• People who are entitled to a reduction in or are exempt from paying court fees.
• A person who is in receipt of Legal Aid.
• Vexatious litigants - in some cases the High Court will make an order that a particular person is not allowed to issue court proceedings without permission. These orders, known as civil restraint orders, may be made against a person who has a history of issuing meritless or frivolous claims - the person then becomes known as a vexatious litigant.

Fees for Issuing a Claim Online

The cost of issuing a claim online is slightly lower than the cost of doing it in person at a county court. Payment must be made by debit or credit card. These are the fees that apply for issuing a claim that falls within the small claims financial limits if it is issued using Money Claim Online; where the amount claimed is:

• Up to and including £300 - £25;
• Over £300 but not more than £500 - £35;
• Over £500 but not more than £1000 - £60;
• Over £1000 but not more than £1500 - £70;
• Over £1500 but not more than £3000 - £80;
• Over £3000 but not more than £5000 - £100

The Online Procedure

The Money Claim Online website takes people through the process of filling in and issuing their claim form. The system allows users to save information as they go but it is advisable to have all the details of the claim to hand before starting. The type of information that will be needed is:

• the correct names and addresses of all parties - it is surprisingly easy to get this sort of important detail wrong. Particular care must be taken with limited companies and individuals who use a trading name;
• the exact value of the claim together with the amount (and rate) of any interest that is being claimed;
• details of any invoices that are being relied upon;
• relevant dates and facts.

At the end of the process the system will provide a unique claim number which should be noted down. Once the information has been submitted the fee will automatically be incurred. If a claim is submitted in error or a person wants to withdraw their claim they will have to contact the Money Claim Online helpdesk before 10.00 am on the following morning if they are to have any chance of avoiding the fee.

What Happens After a Claim is Issued Online

Online claims are issued through a processing centre based at Northampton County Court. Once the claim has been issued the court will send a claim form to the defendant together with forms for acknowledging service and defending or admitting the claim. If a claim has been issued online the defendant will be able to respond to it using the online procedure, if he chooses to do so.