Claim Preparation

Background

The Law of Tort

Initial Stages

Commencement of Proceedings

Claim Form N1

Money Claim Online

Possession Claim Online

Civil Claims Issue Service Particulars Response

Start of Civil Case

Responding to a Claim

Late Servicing of Defence

Civil Claim Limitation Periods

Joining Participants and Causes of Action

Pre Action Protocol

Mortgage Pre-action Protocol

Rent Pre-action Protocol

Per-action Protocol RTA

Disease Pre-action Protocol

Housing Pre-action Protocol

Construction Pre-action Protocol

Judicial Review of Pre-action Protocol

Clinical Disputes Pre-action Protocol

Professional Negligence Pre-action Protocol

Pre-action Protocol for Personal Injury

Pre-action Protocols for Civil Litigation

Pre-action Protocol for Defamation

Letters of Claim

Letters of Claim for Illness

Letters of Claim for Housing

Letters of Claim for Construction

Letters of Claim for Judicial Review

Letters of Claim for Medical Negligence

Letters of Claim for Professional Negligence

Letters of Claim for Personal Injury

Letters of Claim for Defamation

What is possession claim online and is it a service which is available to me?

Making a claim

Often individuals will need to make a claim against another party for the payment of a commercial debt such as rent owed from tenants to a landlord.

Often the process in ensuring that this payment is made involves writing a letter to the individual who you have the potential to make a claim against detailing all aspects of your potential claim such as the payment dates etc. in the letter reference will usually be made to the fact that if payment is not made by a specific date you will take the case to a county court.

If the individual does not make the payment then the usual course of action will be to take the claim to a country court.

Possession Claim Online

Possession Claim Online is a new Government internet service which enables you to make a claim against another individual through a specific website.

When can Possession Claim Online be used?

Possession claim online will be a suitable tool for the following situations:

• When an individual brings a claim under Section of Part 55 of the Civil Procedure Rules (CPR) which governs the use of electronic claim forms

• The claim relates to a possession claim by a landlord against a tenant solely on the grounds of rent. This must be in relation to a residential property. You cannot, however, use Possession Claim Online in relation to a landlord claiming against a tenant for forfeiture of the lease

• The claim relates to a claim by the mortgagee against the mortgagor – this can only occur when the claim is on the grounds of a default of the mortgage payments

What must be present in order to use Possession Claim Online?

In order to use Possession Claim Online the following things must be present:

• You must have an address in England or Wales where documents can be delivered to you

• The defendant must have an address for service in England or Wales

• You must be able to provide a postcode for the property to be recovered

• You must also have an email address for correspondence

Who else can use Possession Claim Online?

Possession Claim online can be used by individuals in both their capacity as a landlord or a tenant. It can also be used by solicitors, government and business to do one of the following:

• A claim

• A warrant

• Other services related to possession claims

What services are available through Possession Claim Online?

Possession Claim Online enables you to do the following things:

• Access essential court forms online

• Pay your court fees by direct debit

• Enable business to make savings on administrative costs

Using Possession Claim online enables you to commence proceedings at a time which is convenient to you meaning that you are not required to go to court to initiate this. Furthermore you will automatically be allocated a hearing date in the correct court. This will rule out any unwanted administrative costs in filing your issue with the wrong court.

Is there anyone who cannot use the service?

You cannot use the service if you fit into one of the following categories:

• You are under the age of 18

• You are a child or a protected party within the Civil Procedure Rules

• You are a patient under the Mental Health Act 1983

• You are a legally assisted person under the Legal Aid Act 1988

Is there anyone who I am unable to make a claim against?

You are unable to use Possession Claim online to make a claim against any of the following persons:

• Anyone under the age of 18

• A child or protected party           

• A patient under the Mental Health Act

If I make a claim using Possession Claim Online am I likely to get the money I am claiming for?

As is the same with any kind of claim it is not guaranteed that you will be provided with the money for which you are claiming. This is regardless of whether you have an absolute claim to be paid that money as a landlord who has a tenant who has defaulted on the rent payments.

You will be unlikely to be provided with the money you claim in the following scenarios:

• The person you are claiming against is unemployed or bankrupt

• The business you are claiming against has been wound up

• The individual you are claiming against has no money of their own

• The individual you are claiming against has no personal property and nothing of value which belongs to them

• The business you are claiming against has ceased to trade

• The individual or the business you are claiming against has other debts to pay

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