Making a claim with small claims court, from abroad?

bbeemm9494

Hi there,

I work as a freelancer, one of my clients is now two months late on payment and I would like to make a claim against them.
I plan on using Money Claims Online service by the HMRC. However, I am currently abroad and will not be able to physically attend any court procedures.....as the name of the service suggest I assume the whole process will be done online. However I am not 100% sure of this as I did read somewhere online that if unresolved online it could go to the courts. Does anyone have experience with this service? Are there any physical hearings using this service?

Thank you in advance

eskbanker

If the claim is defended then that will typically result in a court hearing to resolve the matter, which you'd be expected to attend in person.

PHK

The online refers to making the claim. 

Mediation takes place over the phone using a UK number. If that is unsuccessful then the case is moved to a court (usually near to the defendant).  Depending on the value of the case you can ask that the case be decided without a hearing by the judge reading the evidence. But the judge may not give permission for this. 

You’ll also need a UK address to receive the defence pack (not always available in electronic form)

GDB2222

Many of these cases don’t involve a hearing. That’s either because they settle beforehand, or the defendant doesn’t file a defence and the claimant wins by default. 

The tactics of what to do depend on the amount involved and whether there is some reasonable defence. Bear in mind that you have six years to make the claim.  Also, are you suing an individual or a limited company?

Interestingly, this appears to be a transnational case, and you may be able to issue proceedings in your country of residence!  That depends on the contract you have with the client. 

DullGreyGuy

The initial process is done online but then transfers to the courts if a defence is filed. Both parties will be asked if they are happy with a decision by the judge on submitted evidence only etc but ultimately the judge decides how they will come to a decision and that can very well be an in person court appearance. 

In practice over 90% of claims filed become a default judgement as the defendant fails to file an acknowledgement or defence in time. The Registry Trust unfortunately doesn't provide much data on what proportion of judgements are ever satisfied, they give a count per quarter where the defendant was an individual but without knowing the total number you cannot work it out but they do say the percent remains "small". They dont give any stats on the settlement of business/commercial judgements. 

born_again

bbeemm9494 said:

Hi there,

I work as a freelancer, one of my clients is now two months late on payment and I would like to make a claim against them.
I plan on using Money Claims Online service by the HMRC. However, I am currently abroad and will not be able to physically attend any court procedures.....as the name of the service suggest I assume the whole process will be done online. However I am not 100% sure of this as I did read somewhere online that if unresolved online it could go to the courts. Does anyone have experience with this service? Are there any physical hearings using this service?

Thank you in advance

I think the 1st option would be to check on companies house to see the status of the business, if they are a limited co. Before throwing more money.
What sort of money are you talking about?

user1977

If they realise you're abroad they may well gamble that you wouldn't turn up for a defended hearing.