Money Claim Online (MCOL) is designed to provide a quick, convenient, and relatively simple service for issuing a small claim for a fixed amount of money. Given its ease of use, many individuals choose to navigate the system without legal assistance. However, as with any civil proceedings, it is essential to understand and comply with the Civil Procedure Rules and Practice Directions on pre-action conduct.
One such rule, Practice Direction 7C – Money Claim Online, is intended to guide users through the process. However, a critical issue arises where the direction appears to be outdated and misleading, potentially leading claimants into procedural pitfalls.
Why This Matters
This blog highlights the importance of double-checking any automated emails received from the Civil National Business Centre (formerly known as the County Court Business Centre (CCBC)) during proceedings. A failure to do so could result in noncompliance with procedural requirements, ultimately jeopardising a claim.
The Issue with Practice Direction 7C – Paragraph 6.2
Given the character limitations for the Particulars of Claim on MCOL, claimants often need to serve their particulars separately. Paragraph 6.1 of Practice Direction 7C states:
The claimant must –
(1) serve the particulars of claim in accordance with rule 7.4(1)(b); and
(2) file a certificate of service in form N215 at the Civil National Business Centre within 14 days of service of the particulars of claim on the defendant.
Upon filing the Certificate of Service, Paragraph 6.2 directs claimants to submit the form via email:
6.2 The certificate of service may be filed by sending form N215 by email to ccbc@justice.gov.uk. However, the subject line to the e-mail must contain the claim number.
This appears straightforward. However, upon following this instruction, claimants receive an auto-reply email stating:
“This mailbox is now closed, your email will not be actioned.
Please re-send your document or enquiry to the mailbox dedicated to your query type.
Only use one Mailbox per enquiry.
If you need help identifying the correct mailbox, or need more information please use our signposting tool, to ensure you are directed to the correct team.”
This response creates a serious issue – had I not noticed the auto-reply and redirected my submission through the correct channel (using the signposting tool), I would have been in breach of the Practice Direction. Noncompliance could lead to the court rejecting any subsequent request for judgment.
Key Takeaways
- Don’t rely solely on Practice Directions – Always double-check procedural requirements, especially where they appear outdated or incorrect.
- Monitor your email responses – If submitting forms via email, ensure that the message has been successfully received by the correct mailbox.
- Use available resources – The Civil National Business Centre provides a signposting tool to direct queries appropriately.
Final Thought
While MCOL is intended to streamline the claims process, misleading guidance within Practice Directions can create obstacles for unrepresented claimants. Ensuring compliance requires vigilance – always verify that documents have been successfully filed to avoid unnecessary procedural setbacks.
For more guidance on Civil Procedure Rules, check out our recent blogs here. If you need assistance with your claim, our team at White Collar Legal is here to help.
For support on this matter, please email us at: philip@whitecollarlegalandadmin.com or phone 0151 230 8931.
Alternatively, book a free consultation here: https://whitecollarlegalandadmin.com/contact/