Couple of general money claim online questions

davids86

Hi everyone,

Just have two general questions on the money claim online system as I've never used it before:

- Will the court hearing take place at my local court or the defendant's bearing in mind my claim is with a business? In correspondence between us they say as the defendant it is theirs although the money claim online guidance says as my claim is with the business it will be the claimants. Clearly I trust the online guidance more than theirs considering they may just be saying that to put me off although any further advice would be welcome.
- The claim for my online order is just under the £500 mark. If I add all the other potential claim costs like return postage, expenses, court costs then it will take this over the £500 mark so the fee is different. Do I include these extra claim costs or just the original order cost when calculating the fee?

Many thanks to everyone!

DS

unholyangel

http://www.adviceguide.org.uk/england/your_rights/legal_system/small_claims.htm#Which_court_deals_with_the_case

Which court deals with the case

Any money claim must be issued at the County Court Money Claims Centre. Other cases can be issued in the local county court.

The court will then transfer the case automatically to the defendant’s nearest county court if:

the case is defended, and
the claim is for a fixed amount, and
the defendant is an individual, not a company.
In other cases, either party can ask for the case to be transferred to another county court.

davids86

thanks for your advice

As it is a company I'm claiming against, I guess according to your notes I will have to ask for it to be transferred. I wasn't sure if it was automatic though as the MCOL user guide states:

If you are making a claim against an individual, the claim will be
transferred to their local court. If you are making a claim against a company, the claim will be
transferred to your local court, or to your solicitor’s local court.

Well we will see I guess!

Don't suppose anyone knows anything about the calculating the fee cost do they? I think I would only have to claim for my original order amount although don't want to get that one wrong!

Castle

davids86 wrote: »

thanks for your advice

As it is a company I'm claiming against, I guess according to your notes I will have to ask for it to be transferred. I wasn't sure if it was automatic though as the MCOL user guide states:



Well we will see I guess!

Don't suppose anyone knows anything about the calculating the fee cost do they? I think I would only have to claim for my original order amount although don't want to get that one wrong!

It's your original order amount plus all your other costs incurred before you pay your court fee.