Step 8: Completing the claim form
Now that you have identified the correct Defendant the first step to starting your claim is to complete form N1; known as the Claim Form. This form along with all the other forms you will need can be found in your DYJ toolbox: Just select the appropriate icon on the left. The form is accompanied by some helpful "notes for guidance" which you should read carefully.
It is vitally important that the Claim Form is completed accurately and comprehensively.
On the front of the form, in the top right hand corner, there is a box in which the name of the Court and the claim number are inserted, the Court will do this for you so you should start with:-
Claimant
- this is where your details go.
- If you are a private individual then enter your full name and title followed by your address.
- If you trade under another name then enter your own name followed by "trading as" and then your trading name.
- If you are a firm, then write the name of the firm followed by the words "a firm" and the address.
- If you are bringing the action of behalf of a limited company then give the companies' full name and either it's registered office or an address from which the company trades.
Defendants
- This is where your opponent's details go.
Brief details of claim
Give a summary of the type of claim it is and if possible the remedy you seek e.g. "Breach of Contract - return of money", "Road Traffic Accident - damages for personal injury and other loss" or "Claim for unpaid fees".
Value
Specify the value of the claim. Remember that for most types of claim the value must be £5,000 or less to be suitable for the Small Claims Court.
If your claim is worth more than the maximum amount allowed then you can limit it to the Small Claims threshold so as to qualify.
Most small claims (e.g. all debt claims) will be for a fixed sum of money. However occasionally a claim will be for an "unspecified" sum which must be assessed by the Court e.g. damages for personal injury.
Wherever possible the claim should be specified. One advantage of this is that if judgment is entered in default you will be able to enforce that judgment immediately without a Court hearing.
If the claim cannot be specified then you should limit it to the figure which does not exceed the maximum allowed in the Small Claims Court. In a personal injury case for instance this will be "a sum not exceeding £1,000". The Court fee you have to pay will be based upon the amount specified.
Defendant's Name and Address
Repeat the Defendant's name and give the correct address for service of the Claim Form.
If you are suing an individual then give their usual or last known residence.
If you are proceeding against a firm or partnership then use the business address.
If your opponent is a limited company then you can choose between the company's "usual" place of business, its principal office or, if different, its registered office.
Should your opponent have retained a firm of solicitors to represent them don't be put off! You should only insert that firm's details here if they have specifically confirmed in writing that they are instructed to "accept service".
Amount Claimed
Simply insert the basic amount of money you are claiming.
Court Fee
A Court fee will be payable when you issue a Claim Form unless you are on a low income and qualify for an exemption.
The fee is calculated on a sliding scale; the higher the claim, the higher the fee. Up to date details of Court fees are included in your DYJ toolbox. Simply click on the Court fees icon on the left, calculate the fee payable and insert the amount in the box.
Solicitor's Costs
This box should only be completed if a solicitor is issuing the proceedings.
Total Amount
Add up the sums in the previous 3 boxes and insert the total amount.
Issue Date
There is no need to complete this, the Court will do it for you when the Claim is issued.
We turn now to the reverse side of the Claim Form.
Does, or will, your claim include any issues under the Human Rights Act 1998?
Unless you know for certain whether or not your claim involves a Human Rights Act issue you can safely ignore this part of the form.
Particulars of Claim (attached) (to follow)
This is where you should include a summary of the facts you intend to rely upon. If the facts of the claim are simple and can be stated concisely then include them on the form here, otherwise use a separate piece(s) of paper.
Set out your claim as clearly as possible. Keep to the point and include all relevant facts. Examples can be found in the DYJ toolbox by clicking on the precedent documents icon to the left.
Remember to include details of any misrepresentation (untrue statement) fraud or illegality. If you are relying on the terms of a contract then refer to that contract and attach a copy. The same goes for conditions of sale.
If you are claiming interest then your claim must be specified in clear and precise terms. Examples of claims for both statutory and contractual interests are included in the DJY toolbox. Just select the precedent document icon.
Incidentally, if you are making a personal injury claim then technically you should include your date of birth, a description of your injuries and, unless the injuries are very trivial attach a medical report.
Finally remember to delete the "(attached)" "(to follow)" options unless they are applicable. Be careful about using the "to follow" option. If you decide to issue the Claim Form without Particulars and fail to follow up with Particulars of Claim within 14 days then the claim could be struck out. You will also be required to prepare a Certificate of Service and file it with the Court within 7 days together with a copy of the Particulars.
Statement of Truth
The rules require various documents such as the Claim Form to be verified by a Statement of Truth. If you are issuing your own claim then the appropriate statement will be "I believe that the facts stated in these Particulars of Claim are true". Delete as appropriate, sign the form as Claimant and remember that deliberately lying can amount to contempt of Court!
Finally
If you want documents to be sent to an address different from the one given on the front of the form then include details in the box at the bottom of the reverse of the form.
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