What is Money Claim

Asks jammyjoe

A. Money Claim Online (MCOL) is a new website that allows you to claim any money owing to you and obtain judgement on your case over the Internet. It is part of a pilot scheme, initiated by the Court Service, which allows anyone to claim up to �100,000 that is owed to him or her without having to go to court.

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Q. Is this site unique

A. It is the first of its type in the UK, and has the added bonus of allowing those that use it to follow their case online at any time of day or night (although files are only updated during court opening hours).

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It is believed that such a system, if it is successful, will free up a lot of precious time in the courts. In 2000 alone there were 1.6 million claims filed with the courts covering unpaid debts, goods and services, rent arrears and overdue HP (hire purchase) payments - only 36,000 of these were defended - which technically means that over a million cases needn't go to court at all.

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Q. So how does the online system actually work

A. The site has been designed so that it is really easy to use - having said that don't expect to file your claim within ten minutes and then forget about it. There are several screens that you have to go through before you can actually make a claim - and then you have to give quite a lot of information.

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But don't panic there is a save function on the site, so you can fill in bits of your form, save it and return to it at your leisure - or if you don't have all the information necessary you can save your file and go and find all your paperwork and return to where you left off without having to start from the beginning.

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Initially you have to register with the site, create a user ID and a password. Then fill in the name and address of the person making the claim; then the name and address of the person that owes the money; the amount owed; any details of the claim with invoice numbers. You then have to pay a court fee (approximately �27) online via the secure site with a credit or debit card.

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The person who owes the money is given a time limit in which to defend the claim; and then a judgement is made online. If no money is refunded within a set time limit, you can arrange for the bailiffs to be sent in, online too.

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Q. So can anyone use this site

A. Anyone can use it to make an official claim, but the site will not offer any advice on whether your claim (or defence of a claim) is valid - legal advice on this should be obtained before making a claim from a solicitor, the Citizen's Advice Bureau or a law centre before going online. It should really be your last resort in retrieving any funds, after other avenues have been followed, just as going to court would be.

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Q. So if my claim is deemed valid - can I then go online without any other representation

A. Technically yes, but there are some people that are excluded from making an online claim, these include anyone under 18; a patient described in the Mental Health Act of 1983; anyone who is legally assisted i.e. receiving legal aid; or a vexatious litigant (a person who has been forbidden by a high court judge to issue proceedings in any county court in England and Wales without permission).

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Q. Are there any other restrictions

A. MCOL only processes claims for a fixed amount of money (which has to be �100,000 or less); a claim is against no more than 2 people; the person being sued has to be resident in England or Wales; and you have to have a valid credit or debit card.

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Q. Is MCOL just for use by individuals

A. No, it can also be used by solicitors, government departments and businesses.

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Q. Who actually manages the site and how many claims are they expecting

A. The site is managed by the County Court Bulk Centre, which means the staff of Northampton County Court who have the technical knowledge and expertise to use a centralised, electronic service. They are expecting to process approximately 25,000 cases in the first year of the pilot test.

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Q. How fast will a claim be processed

A. A claim will usually be issued, printed and posted to the defendant on the day you submit your request. Time lengths from then on, until settlement, will be determined by the court.

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If you have any questions on Money Claim Online, you can contact the MCOL Help desk on 0845 6015935 or email [email protected].

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If you have any other Internet & Technology related questions, please click here

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By Karen Anderson