Preparing to make your pre-action® ADR® claim
Every pre-action® ADR® claim is reviewed by one of our claim support team before it is actioned on your behalf. Wherever possible your claim will be managed by the same team member. The service gives Litigants in Person continuous support from Letter before Action right through to post judgment enforcement when required.
It is advisable that before you start submitting your claim online that you gather the following information:
- full name and address of the defendant(s) you want to make a claim against
- the amount you want to claim
- the facts on which you intend to rely e.g. dates, times, events, invoice numbers
Make sure you are claiming against the right party. Look at the name or trading style of the defendant by checking correspondence, invoices, contracts or advertisements or enter the full name if they are an individual.
If you are claiming against a defendant with more than one trading address, for example a chain of shops – use the address of your local supplier.
Brief claim description
Summarise your claim in one sentence. For example – seeking payment of 3 outstanding invoices - or payment for goods returned as 'not fit for purpose' or money owed for completed work or money lent but not repaid.
This tells the defendant what you are claiming for. The facts on which you are going to rely go in the "Claim in Full".
Claim in full
Many claimants find it easier to create the Claim in Full using Word or similar word-processing package and using the cut and paste to copy it into the submission field.
There is no limit to the number of pages you need to use to explain your claim so identify all the issues you have and all the facts on which you intend to rely.
Write your claim as you would if you were addressing the court. Try to avoid including emotional wording or passing opinion. You are making a "legal claim". In the small claims track and fast track you cannot claim emotional hurt or consequential loss.
Explain the facts of your claim, in your own words, starting at the beginning and working through to today. Include dates where you can and refer to your evidence as you go.
Enter, as a list, the supporting evidence you going to be relying on for example invoices, emails, letters, contracts, photographs, witness statements. You can add any evidence of your disclosure as attachments at the end of the claim.
There is no limit to the amount of relevant disclosure you can include in your claim.
This is your chance to ask for evidence from the defendant – and to ask specific questions about anything you want clarifying or explaining. There is no limit to the amount of discovery you request.
Enter, as a list, the evidence you are wanting to see that supports the defendant's response, include any questions you want answering.
You can add any discovery attachments at the end of the claim.
Offer to settle
If you're considering making an offer to settle you can make one with your claim or you may prefer to wait for the "defendant's response" to your claim.
We always recommend you consider making an offer to settle to demonstrate your willingness to reach agreement without issuing proceedings. Remember an offer does not have to be financial – it can be anything you think may be of value to the defendant and encourage them to settle.
If you offer is not accepted you will be claiming the full amount when you issue a court claim.
Attach any documents here that support your claim.
We have a limit of 5MB for each attachment. Digital photographs may exceed this limit and require re-sizing or compressing before attaching. Where this is necessary we suggest you change the quality setting to medium.
Alternatively you can email attachments after submitting your claim, ensure you put your name and reference in the subject or body of the email to help us identify your claim.
Submitting your claim
When you have finished entering your claim you will be taken to the MoneyClaimsUK PayPal screen, you can pay using either a PayPal account or, entering a credit or debit card through PayPal.
Following submission you will receive an email giving your login details for you to access your claim online.
Our customer support team will review your claim and contact you to discuss before it is actioned.
If you have any questions or queries please contact us.