Using Moneyclaim website

lee1972

Hi

Apologies if this isn't the correct place to ask about this. Also, I've had a look for the answer on the website but couldn't find the information I needed so I'm hoping that some knowledgeable person can help me!

To cut a long story short, I'm making a claim against an individual on moneyclaim and I get to the "Claim Particulars" screen (I've tried to post a screen shot but this site won't let me)- at the top of the screen there is a sentence which says-

"You are required to give details of your claim in the box below. If you wish, you may also send detailed particulars to the defendant. If you need to do this, please tick here"

And there is an associated box to tick.

I've filled out the form and given details (which btw was a challenge in itself in 1080 characters). My question is, do I need to tick the box? What does it mean if I do? What if I don't? The site also says-

"If yes is selected, the relevant associated text will be automatically inserted in the claim particulars when the claim is submitted."

I've already contacted the defendant multiple times and given them a chance to resolve the issue with the use of an ADR scheme if they wish. Do I need to do anything other than that?

I'll phone moneyclaim on Monday and ask them what I need to do but I'm hoping that there is someone on here who has used the site and knows what to do.

Many thanks

Lee

DCFC79

lee1972 wrote: »

Hi

Apologies if this isn't the correct place to ask about this. Also, I've had a look for the answer on the website but couldn't find the information I needed so I'm hoping that some knowledgeable person can help me!

To cut a long story short, I'm making a claim against an individual on moneyclaim and I get to the "Claim Particulars" screen (I've tried to post a screen shot but this site won't let me)- at the top of the screen there is a sentence which says-

"You are required to give details of your claim in the box below. If you wish, you may also send detailed particulars to the defendant. If you need to do this, please tick here"

And there is an associated box to tick.

I've filled out the form and given details (which btw was a challenge in itself in 1080 characters). My question is, do I need to tick the box? What does it mean if I do? What if I don't? The site also says-

"If yes is selected, the relevant associated text will be automatically inserted in the claim particulars when the claim is submitted."

I've already contacted the defendant multiple times and given them a chance to resolve the issue with the use of an ADR scheme if they wish. Do I need to do anything other than that?

I'll phone moneyclaim on Monday and ask them what I need to do but I'm hoping that there is someone on here who has used the site and knows what to do.

Many thanks

Lee

Regarding the first 1, I read it if you have any extra evidence or a copy of something you think would help the claim and you would tick the box for yes.

thunderella

lee1972 wrote: »

Hi

Apologies if this isn't the correct place to ask about this. Also, I've had a look for the answer on the website but couldn't find the information I needed so I'm hoping that some knowledgeable person can help me!

To cut a long story short, I'm making a claim against an individual on moneyclaim and I get to the "Claim Particulars" screen (I've tried to post a screen shot but this site won't let me)- at the top of the screen there is a sentence which says-

"You are required to give details of your claim in the box below. If you wish, you may also send detailed particulars to the defendant. If you need to do this, please tick here"

And there is an associated box to tick.

I've filled out the form and given details (which btw was a challenge in itself in 1080 characters). My question is, do I need to tick the box? What does it mean if I do? What if I don't? The site also says-

"If yes is selected, the relevant associated text will be automatically inserted in the claim particulars when the claim is submitted."

I've already contacted the defendant multiple times and given them a chance to resolve the issue with the use of an ADR scheme if they wish. Do I need to do anything other than that?

I'll phone moneyclaim on Monday and ask them what I need to do but I'm hoping that there is someone on here who has used the site and knows what to do.

Many thanks

Lee

I see DCFC79 has already addressed you on the first question.
i.e. if you have further info, a document, etc ("detailed particulars") you wish sent to the defendant - they will already receive the short summary you have included within the 1080 characters

In relation to the second question, that relates to the question over your right to claim interest as prescribed under the County Court Act.

lee1972

Thanks both that's very helpful... I think I understand.

I have a quote to put right the fault that exists on the product. As I understand it I would send this to the seller myself within 14 days and tick the box for, "You are required to give details of your claim in the box below..."?

I know I'm pushing my luck here but do either of you know of any template letters which I can use to accompany the paperwork that I send? If not, I think it would be straightforward for me to write one. I'll just include the claim number and describe what I'm sending.

thunderella

lee1972 wrote: »

Thanks both that's very helpful... I think I understand.

I have a quote to put right the fault that exists on the product. As I understand it I would send this to the seller myself within 14 days and tick the box for, "You are required to give details of your claim in the box below..."?

I know I'm pushing my luck here but do either of you know of any template letters which I can use to accompany the paperwork that I send? If not, I think it would be straightforward for me to write one. I'll just include the claim number and describe what I'm sending.

It's up to you if you wish to supply the quotation at this stage.
What you are required to submit is the full particulars of your claim.
e.g. what happened, when it happened, why you claim the defendant is responsible and what you now want, etc.

I would submit that the quotation itself is your evidence to substantiate your claim rather than the particulars of the claim. I would submit that all you are required to inform the defendant at this time is the value of that quotation.

Ultimately, if the matter is contested, then the defendant will be required to have sight of the quotation as part of disclosure of evidence. It's up to you if you want to share that now. It may depend on the issues of the case, but I suspect the initial issue (if any defence is put forward) will be getting the defendant to accept they are at fault, or if that is accepted, allowing them to repair the item.
It is unlikely the value of the quotation is in dispute,but if it is, that will soon become clear.

In many cases, a defendant (who knows they don't have a leg to stand on) will simply acede to a county court claim on receipt as they then know you are serious about recovery.

lee1972

thunderella wrote: »

It's up to you if you wish to supply the quotation at this stage.
What you are required to submit is the full particulars of your claim.
e.g. what happened, when it happened, why you claim the defendant is responsible and what you now want, etc.

I would submit that the quotation itself is your evidence to substantiate your claim rather than the particulars of the claim. I would submit that all you are required to inform the defendant at this time is the value of that quotation.

Ultimately, if the matter is contested, then the defendant will be required to have sight of the quotation as part of disclosure of evidence. It's up to you if you want to share that now. It may depend on the issues of the case, but I suspect the initial issue (if any defence is put forward) will be getting the defendant to accept they are at fault, or if that is accepted, allowing them to repair the item.
It is unlikely the value of the quotation is in dispute,but if it is, that will soon become clear.

In many cases, a defendant (who knows they don't have a leg to stand on) will simply acede to a county court claim on receipt as they then know you are serious about recovery.

Thanks for this...

I've written to them three times (using the template letters supplied by the Citizens Advice Consumer Advice website)- each time outlining the nature of my complaint, with the third letter being the "Letter before court action" notification.

It's a pretty clear cut case where I was promised a warranty on a product I bought which proved to be faulty. The seller has refused to honour the contract we created at the point of sale by not repairing the fault or providing a replacement :mad: I've therefore asked someone else to complete the repair and I am pursuing the seller for the cost of these repairs. I've obtained three quotes for the work and have chosen the cheapest.

I think the best thing to do is to create a timeline of events which details the particulars of the case and send this to the defendant. However, I'll phone the Moneyclaim helpline tomorrow to see what they say.

csgohan4

lee1972 wrote: »

Thanks for this...

I've written to them three times (using the template letters supplied by the Citizens Advice Consumer Advice website)- each time outlining the nature of my complaint, with the third letter being the "Letter before court action" notification.

It's a pretty clear cut case where I was promised a warranty on a product I bought which proved to be faulty. The seller has refused to honour the contract we created at the point of sale by not repairing the fault or providing a replacement :mad: I've therefore asked someone else to complete the repair and I am pursuing the seller for the cost of these repairs. I've obtained three quotes for the work and have chosen the cheapest.

I think the best thing to do is to create a timeline of events which details the particulars of the case and send this to the defendant. However, I'll phone the Moneyclaim helpline tomorrow to see what they say.

your post is quite helpful, I am in a similar boat and will be using the CAB template letters as you have.


I wonder will section 75 be of any use if the product in question develops a fault within the retailer's own warranty period but outside of the products manufacturer's warranty?

lee1972

csgohan4 wrote: »

your post is quite helpful, I am in a similar boat and will be using the CAB template letters as you have.


I wonder will section 75 be of any use if the product in question develops a fault within the retailer's own warranty period but outside of the products manufacturer's warranty?

Hi there.

I'm not aware of section 75- could you post a link so I can read it as it may be relevant to my own case?

As I understand it the contract has been formed between you and the retailer, not you and the manufacturer. For example, John Lewis provide a two year guarantee on goods even if the manufacturer offers a one year guarantee; so if the product goes wrong after a year, you approach John Lewis to fix the problem.

I'm sure someone will correct me if I'm wrong but that's my understanding. :beer:

csgohan4

lee1972 wrote: »

Hi there.

I'm not aware of section 75- could you post a link so I can read it as it may be relevant to my own case?

As I understand it the contract has been formed between you and the retailer, not you and the manufacturer. For example, John Lewis provide a two year guarantee on goods even if the manufacturer offers a one year guarantee; so if the product goes wrong after a year, you approach John Lewis to fix the problem.

I'm sure someone will correct me if I'm wrong but that's my understanding. :beer:

in your example, say John Lewis refuse to honour their 2nd year warranty, you have done so far using the Letter before action and small claims court.


But if you bought the product using a credit card and is worth more than £100, could you claim off the section 75?? if it failed after the 1st year and the retailer refuses to honour their warranty?

KeithP

Perhaps a read of MSE's Section 75 article would help.

csgohan4

KeithP wrote: »

Perhaps a read of MSE's Section 75 article would help.

read it already, doesn't specify for failure to uphold warranty, although I suspect Op is correct as the warranty is between the retailer and consumer