When Should You Issue a County Court Claim?

You should consider issuing a claim if:

• The debtor hasn’t paid after your Letter Before Action and the 30-day deadline (or a reasonable period) has passed.

• You’ve tried to resolve the issue informally, but the debtor isn’t engaging.

• You’re confident the debt is owed and you’re ready to pay the court fee to move things forward.

This step is suitable for straightforward money claims, such as unpaid invoices, loans, or services provided.

How to File Your Claim

There are two main ways to issue a claim:

• Money Claim Online (MCOL): This is the quickest and easiest route for most people. It’s designed for simple money claims and can be accessed from home.

• Paper N1 Claim Form: If your claim is more complex or you prefer paper, you can send the N1 form to the Civil National Business Centre (CNBC) in Northampton. Some people use legal services or online tools like Garfield to help with this.

Whichever route you choose, you’ll need to provide clear details about the debt, the parties involved, and the amount claimed.

Particulars of Claim Template

Here’s a copy-and-paste template you can use. Fill in the blanks with your details.

Parties
1. Claimant: [Full legal name and address]
2. Defendant: [Full legal name and service address]

Background
3. The Claimant supplied [goods/services] to the Defendant under contract on [dates].
4. The Claimant issued invoice(s) [INV-XXXX] totalling £[amount] with payment due on [date].
5. Despite requests and a formal Letter Before Action dated [date], the debt remains unpaid.

Cause of action
6. The Defendant is in breach of contract by failing to pay the sums due.

Amounts claimed
7. Principal: £[amount]
8. Interest: £[amount] under s.69 County Courts Act 1984 at [rate]% p.a. from [date] to [date], and continuing at £[daily rate] per day until judgment or earlier payment.
9. Court fee: £[fee]
10. Fixed costs (if applicable): £[amount]

Remedy
11. Judgment for the total sum, interest and costs.

Statement of Truth
I believe that the facts stated in these Particulars of Claim are true.
Signed: __________________ Name: [Name], [Role] Date: [date]

Making Your Claim Clear and Effective

It’s important to use the debtor’s correct legal name and service address. For businesses, check Companies House or your contract. For individuals, use the address where they live or work. Attach or be ready to supply key documents, such as contracts, invoices, and proof of delivery or acceptance.

Diarise important dates, such as when the claim is served and when the debtor’s response is due. This helps you keep track and act promptly if the debtor doesn’t reply.

Example:
Imagine you’re a self-employed gardener. You completed work for a local landlord, sent your invoice, and chased payment with a Letter Before Action. After 30 days with no response, you issue a claim via MCOL. You use the template above, attach your invoice and contract, and pay the court fee. The landlord doesn’t reply, so you request default judgment after the deadline passes.

Details to Consider

• Interest Calculation: If your contract sets an interest rate for late payment, use it. If not, you can claim simple interest under s.69 County Courts Act 1984 (up to 8% per year). Make sure to include the daily rate for ongoing interest until judgment.

• Supporting Documents: Be ready to provide copies of your contract, invoices, and any correspondence. This helps the court understand your claim and can speed up the process.

• Service and Response Dates: After you issue your claim, the court will serve it on the debtor. The debtor usually has 14 days to respond, or 28 days if they file an Acknowledgment of Service.

Common Pitfalls

• Wrong Defendant Details: Using the wrong name or address can delay your claim or lead to it being struck out. Double-check everything before filing.

• Vague Particulars: Your claim should be clear and specific, with dates, amounts, and a brief explanation of what happened.

• Forgetting Interest: If you’re claiming interest, include the calculation and daily rate. This ensures you’re compensated for the delay in payment.

What Happens Next?

If the debtor doesn’t respond in time, you can request default judgment. This means the court will order the debtor to pay the amount claimed, plus interest and costs. If the debtor files a Defence, the case will move to the next stage, which may include a Directions Questionnaire and possibly mediation.

Example:
A freelance photographer issues a claim for £850 via MCOL after chasing payment for a wedding shoot. The client doesn’t reply, so the photographer requests default judgment. The court grants the order, and the photographer can then choose how to enforce it (see the next article for enforcement options).

Relatable Scenarios

• Small Business Invoice: You run a local cleaning service and a shop owes you for regular cleaning. After reminders and a Letter Before Action, you issue a claim using MCOL. The shop owner pays after receiving the court papers.

• Personal Loan: You lent £400 to a friend for car repairs. After chasing and sending a formal letter, you issue a claim. The friend responds with a Defence, and you both attend mediation to resolve the issue.

• Trade Services: A plumber completes work for a landlord, but the invoice goes unpaid. The plumber issues a claim, attaches the invoice and contract, and the landlord pays after receiving the claim form.

Why This Approach Works

Issuing a County Court claim shows you’re organised and serious about recovering your money. It gives the debtor a final chance to pay or explain, and sets out the consequences of ignoring the debt. Most people settle at this stage, especially when the process is clear and reasonable.

If you do need to go to court, having a record of your claim and supporting documents will help your case. It shows you’ve followed the correct steps and given every opportunity to resolve the matter.

Caira: Your Debt Recovery Companion

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Disclaimer:
This article provides general information for England and Wales only. It’s not legal advice. If you have a specific situation or want feedback on your draft claim, you can upload it to Caira for instant, practical suggestions.