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In the UK civil court system, the Particulars of Claim is the foundation of your case. Whether you use Money Claim Online (MCOL) or the N1 claim form, this document sets out the facts and legal basis for why the defendant owes you money. If your claim is vague or poorly drafted, the court may strike it out, or the defendant may argue they lack enough information to defend themselves.
This guide offers a structured template for debt recovery and small claims, compliant with Civil Procedure Rules (CPR) Part 16.
The Rules: CPR Part 16
Your Particulars of Claim must include:
A concise statement of the facts you rely on.
The legal basis for your claim (e.g., breach of contract).
Any interest you are claiming.
A Statement of Truth.
Particulars of Claim Template (Debt Recovery)
Adapt the following structure for your claim, replacing bracketed text with your details.
1. The Parties
"The Claimant is a freelance graphic designer."
"The Defendant is a Limited Company registered in England and Wales."
2. The Contract
"On [Date], the Claimant and Defendant entered into an agreement (the 'Contract') for [Service/Goods]."
"It was an express term that the Defendant would pay [Amount] within 30 days of invoice."
3. The Breach
"The Claimant provided [Service/Goods] on [Date]."
"On [Date], the Claimant issued invoice number [Invoice No.] for [Amount]."
"In breach of contract, the Defendant has failed to pay the sum or any part thereof."
4. The Debt
"The sum of [Amount] remains due and outstanding from the Defendant to the Claimant."
5. Interest
You may claim interest on unpaid debts:
Commercial Debts: Under the Late Payment of Commercial Debts (Interest) Act 1998, at 8% above the Bank of England base rate.
Individuals: Under Section 69 of the County Courts Act 1984, at 8% per annum.
Phrase to consider:
"The Claimant also claims interest at 8% per annum pursuant to Section 69 of the County Courts Act 1984 from [Date debt was due] to [Date of claim], being [Calculated Amount], and thereafter at the same daily rate of [Daily amount] until judgment or sooner payment."
Tips for a Successful Small Claim
Be Specific: Reference the invoice number and date the service was completed.
Attach the Invoice: For paper N1 forms, attach the invoice as 'Annex 1'. For MCOL, keep the invoice ready for later.
Statement of Truth: End your claim with:
"The Claimant believes that the facts stated in these particulars of claim are true. The Claimant understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth."
Pre-Action Protocol: Before filing, send a Letter Before Action (Final Demand) giving the defendant at least 14 days to pay. Not doing this can result in penalties on costs, even if you win.
Conclusion
Drafting Particulars of Claim for a small debt doesn’t require a solicitor, but it does require precision. By following this template and including dates, contract terms, and interest calculations, you give yourself the best chance of a default judgment or successful hearing.
Disclaimer: This article is general information. It's not legal, financial or tax advice.
