Money Claim Online: we draft, you file
If the letter before claim does not bring payment, the next step is a claim in the County Court. We prepare the claim details and a checklist. You check them and submit the claim yourself.
How a money claim works
A claim for a fixed sum of money is issued in the County Court, and most are now issued online. HM Courts and Tribunals Service runs Money Claim Online, which can be used for a fixed amount of less than £100,000, by one claimant, against no more than two defendants who have addresses in England or Wales. HMCTS also runs a newer online money claims service, and paper claims use form N1. The gov.uk guide to making a court claim for money explains which route to use.
The claimant pays a court fee to issue the claim, and further fees later if there is a hearing. The fee depends on the amount claimed. Current fees are on gov.uk. Court fees are usually added to the amount claimed and can be recovered from the defendant if the claim succeeds.
Which track the claim goes on
Defended claims worth up to £10,000 are usually allocated to the small claims track. Hearings there are less formal, and the costs the winner can recover from the loser are tightly limited, mainly to court fees and some fixed sums. Larger claims go to the fast track or the intermediate track, where the costs at stake are higher and the procedure is stricter.
Four steps, with you in control
Check the pre-action steps
We confirm the right letter before claim was sent, the reply period has passed and any reply has been dealt with. A claim issued too early can be paused by the court or lead to orders about costs.
Draft the claim
We prepare the particulars of claim: the parties, what was agreed, what was supplied, what is unpaid, and the interest claimed with its legal basis, rate and daily amount.
You check and submit
A checklist covers names, addresses, amounts, interest and the statement of truth. You correct anything wrong, submit the claim from your own account and pay the court fee yourself.
The defendant responds
The court sends the claim to the defendant. Court letters and emails come to you, and you decide each next step. We explain what each response means.
What happens after the claim is served
The defendant usually has 14 days after service of the claim to respond, or 28 days if they first file an acknowledgment of service. The court tells you the date by which they must respond.
| If the defendant | What usually follows |
|---|---|
| Pays in full | The claim ends. You tell the court it has been paid. |
| Admits the claim and offers to pay, perhaps by instalments | You can accept the offer, or reject it and ask the court to decide how the debt is paid. |
| Disputes all or part of the claim | For claims of £10,000 or less, both sides are usually told to attend a one-hour telephone mediation run by HMCTS. If that does not settle it, the court allocates the claim to a track, gives directions and lists a hearing. A hearing fee is payable. |
| Does nothing | Once the time to respond has passed, you can ask the court for judgment in default. |
| Files a counterclaim | The claim becomes a two-way dispute. We explain the stages, and you decide whether to continue yourself or instruct a solicitor. |
The claim form includes a statement of truth, which you sign as the claimant. Signing one without an honest belief that the contents are true can be contempt of court, which is why you check every figure in the draft before you submit it.
Why you file, not us
Running court proceedings for another person is the "conduct of litigation", a reserved legal activity under the Legal Services Act 2007. Only authorised legal professionals may carry it on for others. A party can always act for itself.
In Baxter v Doble [2023] EWHC 486 (KB), an unregulated adviser who filed the claim, served documents, instructed advocates and managed the case for a landlord was held to have conducted litigation, even though she was never on the court record. The same judgment confirms that giving legal advice is not, in itself, the conduct of litigation.
So the line is clear. We advise and draft. You issue, file, serve and deal with the court. A company can do this itself, through a director or an employee it authorises, and Money Claim Online lets a business register as an organisation to do so.
We draft, you file
We prepare a draft and a checklist for you to review, adopt and submit as your own. We do not issue, file or serve anything, accept court documents for you, act as your address for service, or write to the court. If you want us to explain a letter from the court, send us a copy.
If the claim is defended
If a defence or counterclaim is filed, the claim becomes a contested case. We explain the stages that follow, what the court will expect from you and where the risks lie, and you decide whether to continue yourself or to instruct a solicitor. We do not prepare or file court documents for a defended case.
Small-claims hearings
At a small-claims hearing we can speak for you as a lay representative, but only if you attend the hearing too. This is allowed by the Lay Representatives (Right of Audience) Order 1999 and Practice Direction 27A, paragraph 3.2. A lay representative cannot act if the client does not attend, at any stage after judgment, or on an appeal. A company can be represented at a small-claims hearing by any of its officers or employees (paragraph 3.2(4)). At hearings on other tracks, an employee needs the court's permission to represent the company.
What we do
- Check that the pre-action steps were completed properly
- Draft the particulars of claim and the interest calculation
- Give you a checklist for Money Claim Online, or for form N1 if a paper claim is needed
- Explain each response from the defendant and the options it opens
- Speak for you at a small-claims hearing, if you attend
What we do not do
- Issue, file or serve a claim, or pay the court fee for you
- Accept court documents, or act as your address for service
- Write to the court, or to the defendant about the court case, on your behalf
- Prepare or file documents in a defended claim, or run the case
- Speak for you at any hearing after judgment or on appeal
Once you have judgment, see after judgment.
Common questions
Can my company issue the claim without a solicitor?
Yes. A company can issue and run its own claim through a director or an employee it authorises. Use the company's full registered name as the claimant, and the debtor's full registered name if the debtor is also a company.
Can I claim more than the invoice amount?
Usually you can add interest, either statutory interest on a business debt or interest at the court's discretion on a consumer debt, plus fixed compensation on a business debt and the court fee. The particulars must say what interest is claimed, its legal basis, the rate, the period and the daily amount. See late payment interest.
The debtor says they are in Breathing Space. What now?
If you are told that the debt is in a Breathing Space under the government's debt respite scheme, you cannot start a claim, and any action to recover the debt must stop until the Breathing Space ends. If a claim has already been issued, the court must be told. We explain the rules and what you can do once the protection ends.
Will I have to go to court?
Not if the debtor pays, admits the claim or does not respond. If the claim is defended and mediation does not settle it, there is usually a hearing, which may be in person, by phone or by video. You must attend if you want us to speak for you.
Our status
Appeal Specialists is an independent consultancy, not a law firm. We are not solicitors or barristers and we are not regulated by the Solicitors Regulation Authority or any other legal regulator, so you cannot complain about us to the Legal Ombudsman.
We provide non-reserved legal services only. We do not conduct litigation, file or serve court documents, or accept service of court documents for you. Where the law allows, we can speak for you at a small-claims hearing or a tribunal, but only with your agreement and, at small-claims hearings, only if you attend.
What you tell us is not protected by legal professional privilege. We never hold your money. We work on matters in England and Wales only. We do not guarantee any outcome.
All correspondence by email
We deal with everything in writing, so every point and every deadline is on the record. If you are replying to a letter from us, please quote our reference.