Small Claims Online User Guide - Northern Ireland Court Service
Contents
1. Ireland A Courts and gt A gt Tribunals Service www courtsni gov uk Covering Letter Applicant WORTHINGTONS SOLICITORS Respondent APPLE GREEN CIVIL PROCESSING CENTRE PO BOX 882 CHICHESTER STREET BELFAST BT1 3JF Your Reference Our Reference 10 136232 07 06 2010 Re WORTHINGTONS SOLICITORS V APPLE GREEN Dear SirMadam lis 7 Iv B internet This document can be printed at any time it can not be sent online The letter will contain all the details relating to your case and allows you just to type the body of the letter print and post to the Civil Processing Centre If you wish to settle your case at any time or if you wish to make payments or come to an arrangement regarding a claim you should contact the applicant directly If a case is settled the court office can only withdraw a claim on the request of the applicant not the respondent After the decree has issued if you wish to pay the outstanding amount you should contact the applicant directly not the court office 332. and Tribunals Service Once the document is verified in the Civil Processing Centre it is then transferred to the court office entered on the original application usually a local court office for listing and hearing You should lodge any documents which support your case with the Court Office in which the hearing is to be held at least 10 days before the court hearing You must return or lodge the Notice of Dispute and Counterclaim before the return date has expired Failure to do so could mean that a decree may issue against you 31 Enter details of why you dispute the claim made against you Enter the amount of the counterclaim Enter details of your counterclaim You should include the facts of your case and include details such as when the claim arose what goods or services were provided when the goods or services were provided what damage occurred or what went wrong The system allows you to type up to 4000 characters within this section Also provide details of any receipts or invoices which support the counterclaim You do not need to send these to the court office at this stage Enter your name as signature Click on the Calculate Fee button to determine the correct fee for the counterclaim Click on the Confirm button to submit the form or click on the Cancel button to return to the small claims tracking screen 32 Covering Letter A https 10 10 3 198 Covering Letter Microsoft Internet Explorer Northern
3. is known as a different name or is trading as a firm name they cannot be trading as a Limited Company Again as with the respondent details you should select the additional title type and then enter either the persons name along with title or company name but not both If claiming against a limited or public liability company LTD or PLC you should enter company name and address rather than any of the employees details If claiming against a business or a firm other that a LTD or PLC then you can enter each owner s details as a separate respondent along with details of the firm as another respondent but add the additional title of a firm sued as a firm to the company s details You will have to complete an additional form if the respondent resides in either Scotland England or Wales You may wish to contact the Civil Processing Centre for advice on this procedure Click on the Next button to proceed to the next step 2 https 10 10 3 198 Small Claims Online Create a new Claim Microsoft Internet Explorer e Northern Ireland Courts and gt f Tribunals Service www courtsni gov uk New Small Claim Wizard Click Edit to update details previously entered Click Delete to delete details previously entered Click Add to enter another Respondent Add Extra Respondents Edit Mr AN Delete Other E Done B internet This screen allows you to add extra respondent to your sm
4. is then transferred to the office that is specified within the original application for hearing Once a case has been submitted to the Civil Processing Centre and verified respondents are then posted a small claims pack giving all relevant information in relation to the case including a copy of the completed Small Claims Application Form A return date is printed on the small claims pack and the return date can also be viewed online in the Case Tracking screen The return date is the date whereby the respondent must respond to the application If the respondent wishes to respond to this claim for example to dispute the claim then they must do so before this return date or else a decree may issue If they do not respond by this date then the applicant can apply for a default decree If at any stage of your proceedings the case is transferred to the county court as a civil bill your case will no longer appear within the online small claims case tracking screen Appeals For proceedings commenced on or after 19 April 2004 any party may appeal on a question of law to a judge against any order An Appeal shall be brought within 21 days from the date on which the order was made This has to be lodged at the court office where the order was issued and cannot be lodged online The Judge is not required to conduct a hearing to determine an appeal and the Judge s decision is final You may wish to seek legal advice in detailing the basis of your a
5. issued by post A notification of decree will be issued by post to the respondent An Unliquidated claim is one where the amount you are claiming is an estimation such as damage to property faulty goods or workmanship etc If you are applying for a default decree for this type of claim you just need to tick an indicator that you wish an assessment decree to issue Once the Civil Processing Centre receives and verifies this application it will issue an assessment decree electronically and then list the case for assessment hearing All parties will be sent a copy of the hearing notification This notification can also be viewed or printed from the case tracking screen or through the future hearings tab You should lodge any invoices or other supporting documentation with the Court Office in which the hearing is to be held at least 10 days before the court hearing At the court hearing the Judge will decide if an amount should be awarded and if so the decree will then issue You should attend the hearing to help the Judge to assess the amount of your claim If the respondent intends to appear at the assessment hearing they must notify the court and other parties of this in writing If a decree has been awarded and you do not receive the amount awarded after a reasonable amount of time 14 28 days after the issue of the decree you will have to enforce the decree using the Enforcement of Judgments Office EJO This office is also part of the NI Cour
6. you are a registered user then your personal details will automatically default into the applicant details and you just need to confirm your current address If the details held against your account are incorrect you can proceed with this application by updating your details on this screen but you will also need to contact the Civil Processing Centre to ensure that your records are updated accordingly If you are not the applicant 1 e a solicitor acting for a client you need to enter the following details the applicant s title forename and surname or the applicant s company name and company category the applicant s contact details telephone mobile and fax numbers and email address the applicant s house number building name and postcode All addresses must be entered via Quick Address Software QAS and need a house number and valid postcode to proceed If you cannot find the applicant s address via QAS you cannot proceed with your application online You must send your application manually to the Civil Processing Centre instead However once the case has been accepted and you have received a copy of your small claims pack you can then register and progress the case online See Add Existing Claim Additional titles can be added here examples of additional title are if the person is known as a different name or is trading as a firm name they cannot be trading as a Limited Company Again as with the applicant details you shou
7. 6 Feb 10 BLACKJOHN 200 00 05 May 10 Active Details 10 136061 SMC013823 16 Feb 10 JOHNBLACK 200 00 05 May 10 Active Details 10 36059 SMC013822 15 Feb 10 al 200 00 05 May 10 Active Details 09 090089 20 Aug 09 MOIRASHAW 1 095 00 25 Sep 09 Active Pagetof2 Fist lt 14 121314 16 gt gt Iz I Last Small Claim Detail Future Hearing Ancillary Doc Application For Default Decree Free Process Letter Of Settlement Free Process Ne lt i gt l B internet Highlight the specific case and then select the Progress Case Tab within this screen to see what options are available to progress your case The system will only show the options which are currently available according to the case status For example the declaration of acceptance of liability will only appear after the respondent has lodged an acceptance of liability Also the option to apply for a default decree will only appear after the return date has passed The following options can be made available to the applicant e letter of settlement e declaration of acceptance of liability e application for default decree e covering letter 20 Letter of Settlement 3 https 10 10 3 198 Notice Of Withdrawal Microsoft Internet Explorer Northern Ireland A Courts and gt f gt Tribunals Service www courtsni gov uk SETTLEMENT OF CLAIM Applicant WORTHINGTONS SOLICITORS Ela 107138174 Respondent JOHN BLACK confirm that the
8. BT1 3LA quit i is ae K amp A internet If you need to edit or check any of the details entered click on the relevant link to go to the appropriate screen When you are happy that the details entered are correct click on the Confirm button to submit the application and debit your account with the relevant fee Your application will be verified by the Civil Processing Centre within 1 working day 14 Receipt Screen a https 10 10 3 198 Small Claims Online Create a new Claim Microsoft Internet Explorer Northern Ireland A Courts and gt Tribunals Service www courtsni gov uk New Small Claim Wizard If you wish to retain a copy of your receipt please click on Print button below Payment Complete Small Claims Application Payment Successfully taken from 40801 Your Ref for this claim is Payment Amount 65 00 Date 07 May 2010 Payer Information WORTHINGTONS SOLICITORS 21 OXFORD STREET BELFAST BT1 SLA BT1 3LA Your small claims application has been lodged for verification This verification process will normally be completed within 1 working day You can track the status and progress your cases from the small claims tracking screen Click on the Return button to return to the small claims tracking screen Return E Done A internet This screen provides you with details of the payment which you have made to lodge your small claims ap
9. CITORS Applicant Select appropriate option O have received full and final payment and ask that the case be withdrawn O have received part payment The amount outstanding is and ask that a decree issue for the outstanding amount have received part payment and ask that a decree not issue at present have received no payment and ask that a decree issue for the full amount Signed v B internet ej j This document will only be available after an acceptance of liability has been lodged by the respondent You must select the relevant option regarding amount outstanding and if any payments have been made You will have received details in relation to the respondent s acceptance which may include time to pay for example the respondent is willing to pay 10 00 per week Select the appropriate option and if necessary confirm the amount outstanding Enter your name into the name field Click on the Confirm button to submit this form 22 Once the declaration is submitted and you have accepted any conditions then a decree will issue containing the relevant details This decree will be issued electronically and will be available in the case tracking screen to view or print A paper copy of the decree will not be issued by post A notification of decree will be issued by post to the respondent If you do not accept the terms the respondent has offered then the judge will decide whether the case should be l
10. If you are uncertain about which venue to select leave this field blank and the Civil Processing Centre will enter the venue Interest If you wish to claim interest you must include this on your application form Interest is an amount added to the claim from the date on which the claim arose and can be claimed until the date of the decree At present interest is calculated at 8 per year This rate is used unless the claim arises from a contract which specified an alternative rate You must enter an amount within the interest field and then detail the interest amount rate and period within the claim description field 11 Click on the Calculate Fee button to allow the system to determine the correct fee based on the claim amount only Click on the Next button to proceed to the next step 12 Statement of Truth Screen 3 https 10 10 3 198 Small Claims Online Create a new Claim Microsoft Internet Explorer e Northern Ireland Courts and f gt Tribunals Service www courtsni gov uk New Small Claim Wizard Fields marked with are mandatory Statement Of Truth believe that the facts stated in this claim are true 4 Name John Black Position Office Held Account Manager A Date 07 05 2010 E Done B internet Once you have entered all the details relating to your claim you must then confirm and enter your name on the statement of truth screen You should be aware
11. OHN 200 00 05 May 10 Active Details 10 136061 SMC013823 16 Feb 10 JOHNBLACK 200 00 05 May 10 Active Details 10 36059 SMC013822 15 Feb 10 PORER 200 00 05 May 10 Active Details 09 090089 20 Aug 09 MOIRA SHAW 1 095 00 25 Sep 09 Active Page 1of2 Fist s lt 14 121314 16 gt gt Iz I Last Small Claim Detail Future Hearing Ancillary Doc Application For Default Decree Free Process Letter Of Settlement Free Process he lt i t4 Done B 0 internet Highlight the specific case and then select the Progress Case Tab within this screen to progress your case The following documents can be lodged by the Respondent e Acceptance of Liability if you admit the claim and wish to settle the claim Notice of Dispute if you wish to dispute the claim made against you e Notice of Dispute and Counterclaim if you wish to dispute the claim made against you and you wish to make a counterclaim against the applicant The system will only show the options which are currently available according to the case status 27 Acceptance of Liability a https 10 10 3 198 Notice of Acceptance of Liability Microsoft Internet Explorer Northern Ireland A Courts and A S Tribunals Service www courtsni gov uk NOTICE OF ACCEPTANCE OF LIABILITY UNLIQUIDATED Applicant MARTHA DICKSON Form 126B Elle Palito Respondent DRAYMAN DEVELOPMENTS LTD Order 26 Rule 12 Return Date 10 Dec 09 Only comple
12. above claim has been settled now wish to withdraw my Application Y Yours faithfully Name A N Other Applicant N B Ifyou have received a cheque in payment of your claim DO NOT submit this settlement claim until the cheque has cleared through your bank account A El Done B internet This document can be lodged at any time in the proceedings to inform the Civil Processing Centre that you wish the case to be withdrawn On receipt and verification by the Civil Processing Centre a Notice of Withdrawal will be issued to the applicant and respondent and the case status will be set to dealt with The settlement should include the court fee If the respondent is unwilling to pay the fee you may wish to continue with your application to recover this If the respondent settles the claim by cheque you may wish to wait until the cheque clears before notifying the office of the settlement Select the check box to confirm that you wish to withdraw your small claims application Enter your name into the name field Click on the Confirm button to submit this form 21 Declaration of Acceptance of Liability EA Microsoft Internet Explorer Northern Ireland A Courts and A gt Tribunals Service www courtsni gov uk DECLARATION FOLLOWING RECEIPT OF A NOTICE OF ACCEPTANCE OF LIABILITY Applicant WORTHINGTONS SOLICITORS El En Respondent APPLE GREEN Cancel Confirm 1 WORTHINGTONS SOLI
13. all claim You can also edit or delete respondents previously entered Select the Edit link if you wish to edit the selected respondent s details Select the Delete link if you wish to delete the selected respondent Click on the Add button if you wish to add an extra respondent This will display a blank Respondent Details Screen to allow you to add the extra respondent s details When you are happy that the respondents have all been entered correctly click on the Next button to proceed to the next step Claim Details Screen a https 10 10 3 198 Small Claims Online Create a new Claim Microsoft Internet Explorer Northern Ireland A Courts and gt Tribunals Service www courtsni gov uk New Small Claim Wizard Fields marked with are mandatory Ifyou wish to claim interest in respect of the claim please enter amount otherwise leave blank Select the court venue where your case will be listed if there is to be a hearing The venue selected must be in the county court division where the applicant s or respondent s live or carry on business Ifyou are uncertain about which venue to select leave this field blank and the small claims office will enter the venue Click on Calculate Fee button to display fee due and the total amount of the claim Claim Details Amount of Claim 1000 00 Your Reference Interest 55 00 Court Venue y Claim Total 1120 00 ion Maximum 4000
14. characters You should include the facts of the case and include details such as when the claim arose what goods or services were provided when the goods or services were provided what damage occurred or what went wrong If you are claiming interest you should show how this has been calculated You should also provide details of any receipts or invoices which support your claim You do not need to send these to the court office at this stage but if your claim is disputed or listed for assessment then the court will request copies of any supporting documentati Money owed due to loan not being repaid 2000 was loaned on 16 January 2004 1000 has been repaid up to the end of December 2004 No further payments have been made since December 2004 Interest has been claimed at 8 for 255 days due on the outstanding balance of 1000 00 from 1 January 2005 1000 00 8 255 365 55 00 l Done This page allows you to enter the details of the claim The following fields are mandatory and must be entered e Amount of Claim e Claim Description The following fields are optional e Your Reference e Court Venue e Interest 10 Amount of Claim The claim amount must not exceed 3000 00 If the claim amount is over this and you wish to proceed via a small claim application you must abandon the excess You should enter 3000 00 into the amount field and then specify the original amount stating that you wi
15. contact the Civil Processing Centre if you have not retained a copy of any relevant court order Case Tracking 2 https 10 10 3 198 Case Tracking Microsoft Internet Explorer Northern Ireland Courts and lt gt Tribunals Service www courtsni gov uk Small Talna New Claim Add Existing Claim Refresh Tracking All Claims Account Balance 5 132 00 SMC013833 07 May 10 ANOTHER 1 000 00 Awaiting Verification Details 10 136211 SMC013832 04 May 10 JONES NORMAN 500 00 Active Details 10 136188 SMC013830 14 Apr 10 ALISON BROWN 1 250 00 Active Details 10 136174 SMC013829 166 10 01 Apr 10 JOHN BLACK 1 250 00 05 May 10 Active Details 10 136173 SMC013828 W650 01 Apr 10 JOE SOAP 350 00 15 May 10 Dealt With Details 10 136074 SMC013825 19 Feb 10 MAGILL WILLIAM 200 00 23 Mar 10 Active Details 10 136062 SMC013824 16 Feb 10 BLACK JOHN 200 00 05 May 10 Active Details 10 136061 SMC013823 16 Feb 10 JOHN BLACK 200 00 05 May 10 Active x ROBERTA n Details 10 136059 SMC013822 15 Feb 10 MECHAN CO 200 00 05 May 10 Active Details 09 090089 20 Aug 09 MOIRA SHAW 1 095 00 26 Sep 09 Active Pagetof2 Fist lt lt 14 121314 16 gt gt Iz Last Small Claim Detail Future Hearing There are currently no progress options available for this case Bille s iv B internet Cases can be organised within the screen by using a page filter and or column sorting Page Filter by default displays all claims with the mo
16. d of hearing Covering Letter This document can be printed at any time it can not be sent online The letter will contain all the details relating to your case and allows you just to type the body of the letter print and post to the Civil Processing Centre This can be used if you have any invoices receipts written agreements etc needed as evidence which need to be lodged Small Claims applications will be accepted online without invoices or receipts etc These documents will be required to be produced if the case is disputed or listed for assessment 26 Progress Case Respondent 2 https 10 10 3 198 Case Tracking Microsoft Internet Explorer Northern Ireland A Courts and gt A gt Tribunals Service www courtsni gov uk Small Clai New Claim Add Existing Claim Refresh Tracking v EN Claims Account Balance 5 132 00 ES Courts ID On Line Ref Applicants Ref Received Date Name Amount Return Date Case Status Details 5MC013833 07 May 10 AN OTHER 1 000 00 Awaiting Verification Details 10 36211 SMC013832 04 May 10 JONES NORMAN 500 00 Active Details 10 136188 SMC013830 14 Apr 10 ALISONBROWN 1 250 00 Active Details 10 136174 SMC013829 W66 10 01 Apr 10 JOHNBLACK 1 250 00 05 May 10 Active Details 10 136173 SMCDI3828 Wesit0 01 Apr 10 JOE SOAP 350 00 15 May 10 Dealt With Details 10 136074 SMC013825 19 Feb 10 MAGILLWILLIAM 200 00 23 Mar 10 Active Details 10 36062 SMC013824 16 Feb 10 BLACKJ
17. de from an ICOS Pre Paid Account will be shown on your monthly ICOS Statement You can open an ICOS Account at any Court Office You can lodge funds into an ICOS Pre Paid Account online or at any Court Office e by debit or credit card The following cards are accepted e MasterCard debit and credit cards e Visa debit and credit cards e Solo e JCB New Small Claims Application General Information It is important to give all the necessary information available so that 1t will assist in processing your claim and make it easier to enforce a decree if one is granted Click on the New Claim button to start the new small claim process Applicant Details Screen 3 https 10 10 3 198 Small Claims Online Create a new Claim Microsoft Internet Explorer Northern Ireland A Courts and f Tribunals Service www courtsni gov uk New Small Claim Wizard Click Select to choose address shown or click Enter Address if address is incorrect Applicant Details Company Details Title v Forename s Company Name Surname Company Category he Contact Details Telephone Number Additional Details Additional Title Type Title y Forename s Surname Mobile Number Email Address Fax Number Address Details House Number Post Code Company Name Previous Next B internet K3 This section is for your personal details If
18. e Northern Ireland A Courts and BS Tribunals Service WAHL COUF TSI glow Uk An Agency within DOJ Department of Justice www dojni gov uk Small Claims Online A Users Guide serving the community through the administration of justice Document Details Version 2 Date last updated May 2011 Document Authors Business Development Group i y INVESTORS V V 4 IN PEOPLE Contents small Claims Onlin ua alicia AE E E 1 Gen eral Information asss a e r a E ia T ESS 1 Civil Processinme Centien riain A ea eee 2 Appeals ias 2 Restricciones 2 A AR A ES AA A 3 Payments Online nen a a a eS meets 3 New Small Claims Application 4 General Information ani n 4 Applicant Details O eiii 4 Respondent Details Sereen naen E EEEE a E E esha E E a E eee 7 Claim Details Sr Mi ra 10 Statement of Truth Screen A S ids ARE E aces 13 Confirmation Screen ea N e E E 14 Recept A a a a a aee 15 Add Existing Small Claims ApplicatiON ooooocccnoncccnoncncnonanononanonnncnonnnnnonononnnnnnnnnnnccnnnncnnnnncnnns 16 Small Claims Tracking Screen iii iieii Nr E i EEEE aE a 17 General Informati n ennenen a E T ATR R S 17 Case Tracki Teana E a E E eae oe mA eens aes 17 Case EVE A AA 18 F t r Hearing os 19 Progress Case Applicants Seva oneal E EE EE A E EE EE E EES 20 CREO Settlement sien rn e T E is 21 Declaration of Acceptance of Liability sssesssesesesessseesseessresseesserssseessresseesseessseesssees 22 A
19. ice www courtsni gov uk NOTICE OF DISPUTE AND COUNTERCLAIM q Applicant WORTHINGTONS SOLICITORS Form 126A Elle eiks Respondent APPLE GREEN Order 26 Rule 11 Liquidated Return Date 15 Jun 10 Take notice that intend to dispute the claim made against me for the following reason s please note maximum 2000 characters I dispute this claim because Counterclaim Iwish to make a counterclaim for 250 00 Please describe in simple terms the details of your claim Also include the date the claim arose and if interest is claimed the amount rate and period covered Maximum 2000 characters I wish ot lodge a counter claim for 250 because ooooooo Signed A Green Calculate Fee Date 14 05 2010 gt E Done 8 0 internet This document will be available to you as soon as a small claims case has been lodged verified and Small Claim Pack produced If you dispute this claim and feel that the applicant owes you money then you should complete and submit Notice of Dispute and Counterclaim There will be a fee charged for this document and it is calculated depending on the amount you wish to claim You will need to pay for this application by credit or debit card online If you do not have a credit or debit card then you will have to submit this document to the Civil Processing Centre and you can then make your payment by cash postal order or cheque Cheques should be made payable to NI Courts
20. irm to give their opinion on the work carried out Evidence should then be given in the form of a written report unless the judge states otherwise and lodged 14 days before the court hearing It is important to note that you will have to pay any expenses for witnesses who attend court and that these cannot be recovered as part of the claim You should attend the hearing along with any witnesses with the original documents that you intend to use to support the claim If possible you should also bring any damaged goods for example clothes damaged by dry cleaning 19 Progress Case Applicant https 10 10 3 198 Case Tracking Microsoft Internet Explorer Northern Ireland A Courts and gt A gt Tribunals Service www courtsni gov uk Small Claims New Claim Add Existing Claim Refresh Tracking al An Claims Account Balance 5 132 00 ES Courts ID On Line Ref Applicants Ref Received Date Name Amount Return Date Case Status Details 5MC013833 07 May 10 AN OTHER 1 000 00 Awaiting Verification Details 10 36211 SMC013832 04 May 10 JONES NORMAN 500 00 Active Details 10 136188 SMC013830 14 Apr 10 ALISONBROWN 1 250 00 Active Details 10 136174 SMC013829 W66 10 01 Apr 10 JOHNBLACK 1 250 00 05 May 10 Active Details 10 136173 SMCDI3828 Wesit0 01 Apr 10 JOE SOAP 350 00 15 May 10 Dealt With Details 10 136074 SMC013825 19 Feb 10 MAGILLWILLIAM 200 00 23 Mar 10 Active Details 10 36062 SMC013824 1
21. isted for hearing or decree issue immediately You should remember that it is in your own interest to recover any amount owed to you and this may be best achieved by allowing the respondent time to pay 23 Application for Default Decree a https 10 10 3 198 Application For Default Decree Liquidated Microsoft Internet Explorer Northern Ireland A Courts and f S Tribunals Service www courtsni gov uk APPLICATION FOR A DEFAULT DECREE LIQUIDATED y Applicant WORTHINGTONS SOLICITORS Form 127 EOI EAS Respondent JOHN BLACK Order 26 Rule 15 Liquidated WORTHINGTONS SOLICITORS wish to apply for a default decree against JOHN BLACK on the ground that no notice of dispute and or counterclaim has been received in respect of my small claim Amount of the claim as stated in the application form 1250 00 Amount of Court Fee 00 NB Only complete this section if you have claimed interest on your small claim application form You must include the amount rate and period covered If full details are not provided interest may be disallowed Interest _ enter amount From E _ E A insert date claim arose at 8 00 insert rate of interest until date of decree and thereafter at insert rate of interest Sub Total Less any Amount Paid by Respondent since Date of Issue Total Amount Sought Statement of Truth believe that the above information given is true and that the claim does not re
22. izard Fields marked with are mandatory Only enter Title Forename s and Surname or Company Name and Company Category Respondent Details Company Details Title J Forename s Company Name Surname Company Category v Contact Details Telephone Number Mobile Number Email Address Fax Number Address Details House Number Post Code Additional Details Additional Title Type y Company Name Title Forename s Surname K El Done 8 internet This section is for the respondent details You need to enter the following details e the respondent s title forename and surname or the respondent s company name and company category the respondent s contact details telephone mobile and fax numbers and email address the respondent s house number building name and postcode All addresses must be entered via Quick Address Software QAS and need a house number and valid postcode to proceed If you cannot find the respondent s address via QAS you cannot proceed with your application online You must send your application manually to the Civil Processing Centre instead However once the case has been accepted and you have received a copy of your small claims pack you can then register and progress the case online See Add Existing Claim Additional titles can be added here examples of additional title are if the person
23. late to a minor or patient Position or Office held Signature if signing on behalf of a firm or company Date 07 05 2010 lt E Done O internet This document will only become available once the return date has expired and the respondent has not lodged a notice of dispute or a notice of dispute and counterclaim Depending on your case you may need to apply for a Liquidated or Unliquidated Default Decree but the system will work this out for you A Liquidated claim is one which has a fixed amount of money such as a loan goods not paid for etc If you are applying for a default decree for this type of claim enter the following details An amount for interest if you wish to claim interest or 0 00 If an amount for interest has been entered then enter the date from which interest has been claimed and the rates at which the interest has been calculated Enter the amounts for the Sub Total Less any Payments made by the respondent and Total Amount Sought 24 Select the check box confirming the statement of truth Enter your name and office position in the appropriate fields Click on the Confirm button to submit this form The Decree can then issue as soon as the Civil Processing Centre receives the application for default decree online and it is verified This decree will be issued electronically and will be available in the case tracking screen to view or print A paper copy of the decree will not be
24. ld select the additional title type and then enter either the persons name along with title or company name but not both Click on the Next button to proceed to the next step 5 2 https 10 10 3 198 Small Claims Online Create a new Claim Microsoft Internet Explorer e Northern Ireland Courts and f Tribunals Service www courtsni gov uk New Small Claim Wizard Click Edit to update details previously entered Click Delete to delete details previously entered Click Add to enter another Applicant Add Extra Applicants Edit JOHN BLACK SOLICITORS Delete E Done B internet This screen allows you to add extra applicants to your small claim You can also edit or delete applicants previously entered Select the Edit link if you wish to edit the selected applicant s details Select the Delete link if you wish to delete the selected applicant Click on the Add button if you wish to add an extra applicant This will display a blank Applicant Details Screen to allow you to add the extra applicant s details When you are happy that the applicants have all been entered correctly click on the Next button to proceed to the next step Respondent Details Screen F https 10 10 3 198 Small Claims Online Create a new Claim Microsoft Internet Explorer EEE A Northern Ireland A Courts and gt f gt Tribunals Service www courtsni gov uk New Small Claim W
25. ll abandon the excess in the claim description section Note that the inclusion of interest and court fee may take the total value of the claim over the 3000 00 limit Claim Description The claim description field should include the facts of your case and should include details such as when the claim arose what goods or services were provided when the goods or services were provided what damage occurred or what went wrong The system allows you to type up to 4000 characters within this section In the claim description field enter the details of any receipts or invoices which support the claim You do not need to send these to the court office at this stage However 1f the case 1s disputed or listed for assessment then copies of the supporting documentation will be requested by the court office Please note When entering facts of your case within the claim description field do not use double quotes or square brackets If the system detects any of these characters you will be prompted to remove them before you can proceed with your online application Your Reference If you have a reference number that you would like us to quote it in any future correspondence enter it here otherwise leave this field blank Court Venue Select the court venue where your case will be listed if there is to be a hearing The venue selected must be in the county court division where the applicant s or respondent s live or carry on business
26. ll be dismissed as an abuse of process There are 2 types of small claim e liquidated where the amount of claim is set for example loans or goods and services not paid for and e unliquidated where the amount is estimated for example damage to property faulty goods or workmanship The Civil Processing Centre will set your case to the relevant type of claim A Small Claims Application cannot be made by either a minor under 18 years of age or a patient person certified mentally incapable of managing their own affairs The court does not pay the amount that is awarded it only decides who is liable A Decree or Order made by the Small Claims Court is a County Court Judgment CCJ and may affect a respondent s credit status Before beginning the small claim process you should know that the Enforcement of Judgments Office can make a search for a person or firm for a small fee This will show if there are any previous debts outstanding against the respondent You can then use this information to help you to decide whether or not it would be practical for you to proceed with this action Even if you succeed with your claim if the respondent has other large amounts of debts outstanding you may find that you will not get your money back immediately if at all Civil Processing Centre The Civil Processing Centre which is located in Laganside Courts Oxford Street Belfast deals with all cases initially but if a case is disputed it
27. plication Click on the Print button if you want a printed receipt for the payment made Click on the Return button to return to the main small claims case tracking screen 15 Add Existing Small Claims Application 3 https 10 10 3 198 Small Claims Online Add an existing Claim Microsoft Internet Explorer Northern Ireland A Courts and gt BS Tribunals Service www courtsni gov uk Add Existing Small Claim Small Claim Case Number 1 e B internet yl J If you have previously lodged a small claims application at a court office or the Civil Processing Centre rather than online you can use this function to add this case to your online tracking system You need to enter the Small Claim Case Number and the ID which you will get from your small claims pack which was posted to you by the Civil Processing Centre Then click on the Continue button to add the case to your online tracking service Click on the Return button to return to the main small claims case tracking screen 16 Small Claims Tracking Screen General Information The small claims tracking screen allows you to manage your small claims cases Both live and dealt with cases are displayed Note that once a small claims case has been dealt with it will remain available on your case tracking screen for 6 months so that you can print any relevant documents needed for enforcement After 6 months you will need to
28. ppeal before lodging proceedings Restrictions The following restrictions have been applied to the online small claims processes e All applicant and respondent addresses must be entered using the Quick Address Software QAS which contains all UK postal addresses If an address cannot be found through QAS then the Small Claims Application must be submitted manually to the Civil Processing Centre in order to commence proceedings However once the Small Claims Pack has been issued then the applicant can progress the case online see Add Existing Claim e Further applications relating to the original application eg Application to Set Aside Decree Third Party Notice Applications to Remove Stay and Witness Summonses cannot be processed online e Appeals in relation to small claims decrees orders cannot be processed online Fees The fee for your small claim application will depend on the amount you wish to claim A list of court fees can be obtained from our website If your claim is successful the respondent will have to pay you the amount decided by the Judge plus the application fee along with any other costs awarded If you are not successful the respondent will not be ordered to pay you anything and you will not receive your fee back Payments Online There are two ways to pay for the fees for lodging a Small Claims Application online e by drawing down from funds previously lodged into an ICOS Pre Paid Account All payments ma
29. pplication for Default Decrees citi ccsssisasesacaseccaetaseaveatisoesnse chascavals cvnttadeasactusancnuea eovaatess 24 CO TLS cies o ESS 26 Progress Ase NS SPOTS UN auras chien A ve a 27 Acceptance OF Cialis ara a 28 Notice of Disputa od Ed ii AOS a cari 30 Notice of Dispute and Comntercla ip 31 o A EAE AE A A sass aay Gad acs eet bs see I esate 33 Small Claims Online General Information Small Claims Courts allow certain types of claims to be decided informally by the county court usually without the need of a solicitor or barrister In general a small claim is one where the value to be claimed is not more than 3000 00 and which does not relate to personal injuries road traffic accidents libel or slander title to land legacy or annuity or any property of a marriage The small claims court limit is 3 000 00 It is important that all issues between parties are brought to court by the one claim and resolved at the one hearing You should not divide your claim into several applications even if the total is less than 3 000 00 you may not be able to recover the court fees paid If the total sum at issue between the same parties exceeds 3 000 00 the claimant must either proceed by abandoning any amount due over 3 000 00 this will be expressly noted or issue a civil bill up to 15 000 00 If a subsequent claim is made between similar parties arising out the same set of facts or law then the later proceedings may we
30. pute the claim Maximum 2000 characters Take notice that intend to dispute the claim made against me for the following reason s r I dispute this claim because Signed A Green Date 14 05 2010 Cancel Confirm v El Done B 0 internet This document will be available to you as soon as a small claims case has been lodged verified and Small Claim Pack produced If you do not agree with this claim you should complete and submit a Notice of Dispute giving the reason why you feel this case should be disputed Once the document is verified in the Civil Processing Centre it is then transferred to the court office entered on the original application usually a local court office for listing and hearing You should lodge any documents which support your case with the Court Office in which the hearing is to be held at least 10 days before the court hearing You must return or lodge the Notice of Dispute before the return date has expired Failure to do so could mean that a decree may issue against you Enter details of why you dispute the claim made against you Enter your name as signature Click on the Confirm button to submit the form or click on the Cancel button to return to the small claims tracking screen 30 Notice of Dispute and Counterclaim a https 10 10 3 198 Notice Of Dispute And CounterClaim Microsoft Internet Explorer Northern Ireland A Courts and lt gt A S Tribunals Serv
31. st recent claim being displayed first You can change the filter to display only specific types of cases such as e Active active cases only e Queried queried cases only e Awaiting Verification cases which are awaiting verification by the Civil Processing Centre e Declaration of Acceptance of Liability cases that are waiting for you to lodge a declaration e Application for Default Decree cases that you can apply for a Default Decree e Dealt With cases which are completed Click on any column heading to sort in ascending or descending order for example to sort names in alphabetical order Click once to sort in descending order and click again to sort in ascending order You can select the page filter and then within this a column filter for example dealt with cases in ascending alphabetical order Click Refresh to go back to original default settings and to view any further updates to your case s Case Events A https 10 10 3 198 Case Tracking Microsoft Internet Explorer EEE Northern Ireland A A Courts and gt BS Tribunals Service www courtsni gov uk Small Claims New Claim Tracking A All Claims Account Balance 5 132 00 EA Courts ID On Line Ref Applicants Ref Received Date Name Amount Return Date Case Status Details SMC013833 07 May 10 ANOTHER 1 000 00 Awaiting Verification Details 10 136211 SMC013832 04 May 10 JONES NORMAN 500 00 Active De
32. tails 10 136188 SMC013830 14 Apr 10 ALISONBROWN 1 250 00 Active Details 10 136174 SMC013829 166 10 01 Apr 10 JOHNBLACK 1 250 00 05 May 10 Active Details 10 136173 SMC013828 W650 01 Apr 10 JOE SOAP 350 00 15 May 10 Dealt With Details 10136074 SMC013825 19 Feb 10 MAGILL WILLIAM 200 00 23 Mar 10 Active Details 10 136062 SMC013824 16 Feb 10 BLACK JOHN 200 00 05 May 10 Active Details 10 36061 SMC013823 16 Feb 10 JOHNBLACK 200 00 05 May 10 Active Details 10 136059 SMC013822 15 Feb 10 COL 200 00 05 May 10 Active Details 09 090089 20 Aug 09 MOIRA SHAW 1 095 00 25 Sep 09 Active Page 1 of 2 First lt 141213 1415 gt gt 121 Last Small Claim Detail Ancillary Doc Application For Default Decree Free Process Letter Of Settlement Free Process v i l B 0 internet This screen will let you see what is happening within the specific case selected Any documents which have been issued by the Civil Processing Centre can be viewed and printed within this screen The view option will be restricted to documents which apply to you only Future Hearing This screen will let you see any future hearing details listed for a selected case Simply highlight a specific case and then select future hearing tab You will still receive a notification of hearing letter for these cases Any party may if they wish use an expert witness to support their case for example if it is faulty workmanship then you can consult another f
33. te this form if you admit the claim admit the claim made against me in full and agree to pay the amount stated Y Do you wish to apply for time to pay this amount Yes O No O Ifyou wish to apply for time to pay you must provide full details of your income and outgoings and state the amount you are able to O Pay by date i DDIMMIYY O Pays 100 00 per Monthly Summary of Acceptance Maximum 2000 characters I accept liability but wish to offer a payment of 100 per month for six months to clear the amount owed Signed Date 07 05 2010 IMPORTANT Ifyou wish to make a payment to the applicant you must include the amount for the court fee and any interest claimed If you do not do so a decree may still be made against you for this amount lt E Done O 0 internet This document will be available to you as soon as a small claims case has been lodged verified and Small Claim Pack produced You should complete and lodge this document if you accept that you owe this money and you are going to pay the amount outstanding You should specify if you need extra time to pay by either stating you can pay an amount per week month or that you can pay the full amount by a certain date If you feel you do not owe the full amount of the claim then you should not complete the acceptance of liability and instead lodge a Notice of Dispute Once this document as been lodged and verified by the Civil Processing Centre a cop
34. that anyone entering their name must believe that the facts stated are true If you enter your name knowing that part or parts of the application are untrue then you may be held in contempt of court and may face a fine or imprisonment Select the check box confirming the statement of truth Enter your name and office position in the appropriate fields Click on the Next button to proceed to the next step 13 Confirmation Screen 2 https 10 10 3 198 Small Claims Online Create a new Claim Microsoft Internet Explorer Northern Ireland A Courts and lt s f gt Tribunals Service www courtsni gov uk New Small Claim Wizard Click on the relevant link to amend details if incorrect Click on Confirm button to submit your claim for processing Small Claim Details Applicant s JOHN BLACK 23 Oxford Street BELFAST BT1 3LA SOLICITORS lf these Applicant details are incorrect click HERE Respondent s AN Other 1 High Street DONAGHADEE County Down BT21 DAA lf these Respondent details are inconect click Claim Details cy Claim Ref palco Interest 55 00 Fee 65 00 Claim Total 1120 00 lf these Claim details are incorrect click HERE Statement of Truth lf these Statement of Truth details are incorrect click HERE Signed John Black Position Office Held Account Manager Payer Details Payment Details WYORTHINGTONS SOLICITORS Account will be debited 65 00 21 OXFORD STREET BELFAST
35. ts and Tribunals Service but have a separate procedure so you may wish to check their procedures and fees using the court service website You can also email queries or questions to the EJO at postroomejo courtsni gov uk Your query will be passed to one of the EJO customer liaison officers who will reply to you If a stay is contained within a decree which includes payment details and the person defaults on their payments then you must remove this stay by lodging a sworn affidavit Statement of Truth into the court office that issued the original decree This cannot be done online Once you have removed the stay a new decree will be issued and you can then enforce the new decree within the EJO Where the decree requires an action to be carried out within a specified time for example return settee to shop you must contact the office in writing confirming details of the default so that the case can be relisted for hearing If the respondent contacts the Civil Processing Centre after the decree has issued stating they did not receive the original application or did not receive it in sufficient time to reply they are 25 then advised to issue an Application to Set Aside a Decree You will be sent a copy and invited to reply within 14 days The Judge may either e decide the decree should be set aside and may give directions as to how the case should progress e fix a date for hearing to set aside decree all parties will be notifie
36. y will be sent to the Applicant who will then complete a declaration stating whether they are willing to accept this offer If the applicant accepts your offer a decree may issue immediately If the applicant does not accept your offer the case may be listed for hearing and you will be notified of the hearing details 28 Select the checkbox confirming that you admit the claim Select the relevant time to pay option If you wish time to pay the claim enter the payment amount and select the payment frequency from the list Enter details of your offer and explain how and when you will make payment of the claim Enter your name as signature Click on the Confirm button to submit the form or click on the Cancel button to return to the small claims tracking screen If you wish to make any payments or settle the claim you should contact the applicant directly not the court office You must return or lodge the Acceptance of Liability before the return date has expired Failure to do so could mean that a decree may issue against you 29 Notice of Dispute F https 10 10 3 198 Notice Of Dispute Microsoft Internet Explorer Northern Ireland A Courts and gt A gt Tribunals Service www courtsni gov uk NOTICE OF DISPUTE Applicant WORTHINGTONS SOLICITORS Form 126A Ena 107138232 Respondent APPLE GREEN Order 26 Rule 11 Return Date 15 Jun 10 Liquidated Only complete this section if you dis
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