Money Claim Online (MCOL) is Her Majesty’s Court Service online service for Claimant’s and Defendant’s. MCOL is a simple, convenient and secure way of making or responding to a claim via the internet. The service allows you to keep an eye on the status of your/the Claim, Judgment and/or Warrant.
Factors to consider before issuing a claim
Alternative Dispute Resolution (ADR)
You should first consider other ways to settle the dispute by way of ADR methods. ADR is the collective term for the different ways which the parties can settle civil disputes without going to court, or if proceedings have been started, without proceeding to trial.
There are a number of different ADR techniques that parties can try such as using a process where a neutral third party makes a decision (arbitration, expert determination, ombudsmen and regulators). Alternatively use a process where a neutral third party offers an opinion, and/or seeks to bring the parties to an agreement (mediation, conciliation, and early neutral evaluation).
It is also important to consider whether the Defendant you are claiming from is able to pay. If they are unemployed, bankrupt, or their company has been wound up, have no money, no personal property and nothing else of value belonging to them; have ceased to trade; and have other debts to pay, it is unlikely that you will recover any monies owed to you. Therefore, it may be uneconomical for you to issue a claim.
If you are still wish to issue a claim then you are required to write a letter before action. You are required to state the amount owed, what it is for, and what steps you have been taken to recover the money. You must also include a warning that you will consider issuing a County Court Claim if they do not pay within a reasonable period such as 21 days.
Eligibility to issue a claim
In order to be eligible to issue a claim you must satisfy the following criteria:
You have access to the internet
You have a claim for a fixed amount of money. However, it must be no more than £99,999.99.
There are no more than 2 Defendant’s
All the parties have an address in England or Wales where all the documents can be delivered to/served on
You have an e-mail address
The claimant is not a child or protected party or funded by the Legal Services Commission.
The defendant is not the Crown or a person known to be a child or protected party.
If the claim does not meet all of the above requirements you cannot use the MCOL service and you should seek legal advice.
For more information on:
- Issuing a claim
- Service of the claim form
- Responding to a claim
- Acknowledgment of Service