MCOL service issues the small claim generally within 2 days after submitting. Claimant will get a notification about date of issue on e-mail or could check it in MCOL account in section “Claim Overview”
Within 14 days of date of claim issue you must send the additional Particulars of Claim in case this option was chosen at step 5 during online registration small claim. If additional particulars of claim is sent separately it should contain cover letter with brief description and details of claim, such as claim number, name and address of Claimant or Defendant.
It based on CPR Rule 7.4:
(1) Particulars of claim must –
(a) be contained in or served with the claim form; or
(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.
(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.
Next obligation is send notification to the court about your small claim. You must filed to the court Certificate of Service form N215. MCOL allows to sent this court form by e-mail mcolaos@hmcts.gsi.gov.uk. E-mail and possibility to file form N215 by e-mail must be checked at current date.
When awaiting for Defendant response?
Defendant must serve his response within 14 day from the date of service according CPR 15.4:
15.4
(1) The general rule is that the period for filing a defence is –
(a) 14 days after service of the particulars of claim; or
(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
Defendant send his response using appropriate form N9 – Acknowledgement of service/Response pack. As well, defendant is able to request extension of time up to 28 day in this from.
Direction questionnaire
As soon as defendant serves his defence the court will send allocation questionnaire – form N149A. This form notify both parties that case was allocated to the small claim track. Claimant must reply on this form and sent Direction Questionnaire by specific date.
If defendant has filed defence court will send you a copy of defence together with the Notice and allocation questionnaire.
Direction questionnaire is the court form N180, where claimant could choose details of hearing, witnesses and experts or chose to settle small claim using free Phone Mediation service.
Failure to send questionnaire could cause your claim being struck out. If defendant sends his defence, accept full/part claim or made payment claimant must notify the court and provide copy of defence.
Questionnaire could be returned by e-mail to ccbcaq@hmcts.gsi.gov.uk or by post to MCOL(MCOL guide for Claimants, page 15).
Once claimant and defendant file direction questionnaire the small claim case will be transferred to the court of Mediation service(if you chose to apply for free Mediation in N180 form). After that MCOL service unable to provide any update about you small claim case and parties should refer to the court where claim was transfered.
If you have a dispute with individuals then smal claim case will be transferred in his local court.
If you sue with Company case will be transferred to you claimant’s local court.
Claimant and Defendand could ask the judge that claim to be dealt in another court by giving good reason and explanation for doing this.
Final stage is preliminary or final hearing which is fully described in the article “Small claim hearing”.
Defendant fails to response
If defendant fail to response within 14 day claimant could ask the court to issue judgment. In this case, claimant able to request default judgment in MCOL account by signing in into account and choose menu link “Request Judgment”.
Other way to request judgment is to file to the court paper form N225(if amount was specified) or N225A(if defendant accept part of claim). If you apply for judgment by post you unabel make and trace further action online.