If you make a claim via money claim online, you only pay extra fee's should a full court hearing be required or of you want to use court appointed enforcement of your judgment.
You may have to go to a court hearing if:
- the person or business says they don’t owe you any money
- they disagree with the amount
- you can’t agree on how the money will be repaid
So, if the defendant deny they owe you the money, you can submit your additional information and request a judgment online. If this is inconclusive you may need a full hearing.
Its unlikely that OPL will defend the claim. In my case they admitted full legal liability for the claim but stated OPL could not offer a payment plan as there was no money.
This response allows you to request a judgment online, since there's no defence the judgment should automatically be made in your favour and you get a CCJ against OPL. This, on its own is pretty useless if they can't / won't pay.
So, at this point, you don't need a hearing as the judgment has been made, you can make a payment demand online for no additional cost, but if there's still no joy, you would need to enforce that claim using court appointed bailiffs, there's an extra £100 fee and you are not guaranteed to get anything back.
So Hedwards is right, if there is a hearing it costs more money, but the likelihood is a hearing won't be required. Simple cases are resolved online. In my case, I now have a judgment in my favour in return for my £25 fee.
The Moneyclaim online service have a help desk number. They are very helpful so if you want to act, get their advice and also try the CAB.
MoneyClaimOnline: e-maili your query to: MCOL@hmcts.gsi.gov.uk alternatively please telephone us on 0300 123 1057.