Small claims with trader! (don't call me Stupid!)

user1977

Alderbank said:

Bobby2021 said:

Ok. Thanks. Should i include bank details for refund? Or is it dangerous to share that?  If not how can he refund it?

Surely you've not forgotten that his daughter has at least two in-payments from you on her bank statement giving your name, sort code and account number alongside each of the the sums you paid her?

I don't get that info with my incoming payments. But it's nothing to worry about anyway. 

user1977

Bobby2021 said:

will I get into some legal troubles for sending this letter?

Like what? Not unless you include something weird which we haven't already discussed here. 

born_again

Bobby2021 said:

Ok. Thanks. Should i include bank details for refund? Or is it dangerous to share that?  If not how can he refund it?

Remember cheques. They had them printed on them..

You need to refer to this post, which details what you need to do.

https://forums.moneysavingexpert.com/discussion/comment/81552486/#Comment_81552486

Bobby2021

Thanka @born_again and everyone else for the response.

Bobby2021

I’ve completed my Letter Before Action (LBA) process and have now started preparing to file a small claim. I noticed there’s a limit on the amount of text or evidence you can include when submitting the claim online. Since the claim involves more than one person, I’ll need to use https://www.moneyclaim.gov.uk. 

I’m following the official guidelines to format my claim within the character limits. Are there any other tips or best practices for this process? Thanks

Bobby2021

Hi all,

I submitted my claim through Money Claim Online, but I couldn’t find any option to update the details or upload additional documents. The only section available was the 1,000-character text box.

Could you please advise how and where I can upload the supporting documents? I have already paid over £200 to file the case, so I want to ensure all details are submitted correctly to maximise the chances of a successful claim.

Thanks.

A_Geordie

Bobby2021 said:

Hi all,

I submitted my claim through Money Claim Online, but I couldn’t find any option to update the details or upload additional documents. The only section available was the 1,000-character text box.

Could you please advise how and where I can upload the supporting documents? I have already paid over £200 to file the case, so I want to ensure all details are submitted correctly to maximise the chances of a successful claim.

Thanks.

Sounds like you have missed the boat. On the page where you have to type your particulars, there is a tick box at the top that says if you want t send detailed particulars you need to tick the box (see below). 



This then reduces the 'lines remaining' from 24 to 21 to allow for some additional language in the particulars. When you get to the summary page, you will see the last sentence has been added by MCOL to the particulars.



Unfortunately if you did not tick the box then your claim is limited to, and will be based on the particulars you inserted on MCOL. Any change to the particulars now will require you to pay £313 application fee + any costs of the defendant having to amend their defence if one has already been filed. 

Hopefully you have given enough in the particulars for the defendant to understand the claim but if they file a defence and argue that you lack sufficient grounds or no legal basis, then you could as a workaround, file a reply to the defence and clarify any points. 

Bobby2021

Ok, this is fine. I have already sent the Letter Before Action (LBA) to the defendants, so they are fully aware of what is coming and there should be no confusion about what I am seeking. That’s why I wasn’t worried about the tick-box option, as I chose not to use it since the LBA was already issued.

I do have a few questions, though. Since the claim description is limited to 1,000 characters, I expected there would be an option to provide a more detailed account, but I didn’t see anything. I also expected a section to upload evidence, but I couldn’t find that either. Where exactly should I upload my evidence? Or is that only done later at the court stage?

If the defendant doesn’t respond within 14 days, does that mean my claim is automatically accepted? How is the claim communicated to the defendant—by post? And if the defendant doesn’t reply, what is the next step?

Any clarification would be greatly appreciated. Thanks

A_Geordie

The LBA is irrelevant when you issue a claim because the court will only decide what is contained in the particulars of claim. If your LBA set out 3 claims but your particulars only included 2 claims, then your claim will be based on those 2 claims.

As for the rest of your questions, look at the guide below. It's outdated a little but should answer all your questions. 

https://www.judiciary.uk/wp-content/uploads/JCO/Documents/Guidance/A_Handbook_for_Litigants_in_Person.pdf