Money Claim

Have you tried to settle your claim without success?

Are you contemplating commencing court action?

Issue your claim using the online portal: MoneyClaim

Before issuing a claim Mercian Law will do a full and frank review of your case and the remedy you seek, including:

  • Discuss with you if it worthwhile making your claim, considering the time, money and effort required and whether the other side is worth pursuing
  • Whether you have a cause of action, just because you feel something is unfair doesn’t always mean you have a claim
  • What you will need to prove your case
  • Are you within the limitation period? For breach of contract claims including debt recovery, the time limit is six years from the date of breach or when the payment fell due
  • Ensure compliance with the pre-action protocol for debt claims & the Civil Procedure Rules.

Mercian Law will complete and file the online claim form, with brief particulars of claim and arrange payment of the court fee. Ensuring that both the court and the other side have enough information to know what your claim is regarding, so the claim is issued successfully by the court.

  • Copy of your demand for payment, either letter of claim, late payment interest notice, statutory demand or notice seeking possession and any supporting documents (if Mercian Law was instructed to demand payment we will already have this)
  • Payment of our invoice including the court fee
  • Any communication received from the other side in response to demand for payment

Once the claim has been issued the court sends the claim ‘service’ to the other side by first class post.  Service will be deemed the second business day after posting. 

Within 14 days we should hear from the other side, they will either:   

  • Admit the claim and make payment in full or a proposal for payment by instalments.
  • Defend the claim; or
  • Admit part and defend part of the claim.
  • Ignore the claim.

You might be able to apply for Judgment in default if no response is received within 14 days