There are different ways to start your claim without using a solicitor. 
You have three main options depending on your circumstances:

• Money Claims service (also called OCMC) - your claim is under £25,000.
• Money Claim Online (MCOL) - your claim is under £100,000
• N1 paper form

For many people the online process is easier, as it was designed to be used by people who do not have a solicitor. Cases using the online system are also frequently resolved faster and sometimes the court fees are slightly lower.

However, you don’t need to use the online system if you don’t want to. If you don’t feel confident or comfortable dealing with things online, it might be better for you to use the N1 paper system. You don’t want extra things to worry about. 

In order to know which service to use you need to know the rough value of your claim. There is information about valuing your claim in Should I sue someone?

This service is also called Online Civil Money Claims (OCMC) by lawyers and the courts. This section explains the screens you will find once you log in to the digital service, and takes you step-by-step through each one in the order you will find them.

It is easy to use but be careful as it is easy to make a mistake. If you make a mistake about who your claim is against or what your claim is for, you may lose your case, miss out on money you could have claimed, or have to pay a fee again. Read Should I sue someone? and Who to sue? to avoid making these mistakes.

1.    The first few screens of Money Claims just check if you are able to use the service for the kind of case that you have. They also warn you that if you want to claim interest at different rates for different periods, you cannot use this service. See Asking for interest on the amount owed for more information.

2.    Then you have to create an account (unless you have been involved in other cases using the system before, or have applied for either a divorce or probate online). You also need to select your language preference from English or Welsh.

3.    Next, you get to your claim overview screen. This shows you the number of the things you have to complete before you start your claim. It includes a section which explains that before you start a claim you should try other methods to resolve the problem.  You will be asked to confirm that you have read this section.

If you have completed one of these sections and later want to amend the details of the person or company you are claiming against, the amount you are claiming, or the basis of your claim, you can do so up until the moment you press ‘submit and continue to payment’ and pay. After that, you will have to pay an additional fee (currently £313) if you need to change or add anything that materially changes your claim - so make sure you check these details thoroughly. 

This type of change or amendment to your claim is an Interim application. For more information about making an interim application to amend details of your claim, read our guide, How to ask a civil court to do something or change something (interim applications).

Your case is not started (what lawyers call ‘issued’) until you press ‘Submit and continue to payment’ and pay the fee. You need to do this within the time limit. Creating an account or starting the process doesn’t count. See How long do you have to sue someone for details of time limits.

For detail about what you put in the claim amount, claim details, timeline and evidence sections of the online form please buy the step-by-step guide. Or if you are on a very low income, ask for a free copy. 

You might want to claim using the paper form because you are not comfortable with computers, you don’t have an email address, or you are making a type of claim not yet possible to do using the online service. You may also need to use the paper form if you don’t currently know the exact amount you are claiming for.

The claim form is a very important document. If you make a mistake on the form, you claim may fail, or you may have to pay an additional fee to correct the mistake. This type of change or amendment to your claim is considered as an Interim application. For more information about making an interim application see How to ask a civil court to do something or change something (interim applications).

If you are claiming for personal injury and relying on the evidence of a medical practitioner, you will need to attach a medical report about your injuries to your claim form.  You must also attach a schedule of loss, listing the amount of money you lost because of the injury and any future expenses you are claiming (explained in the step-by-step guide. We will also explain what to include in key sections of form N1.)

If you used the online Money Claims service

If you have supplied an email address for the defendant, they will be told that a legal claim has been started against them and will receive a copy of the claim form straight away. A copy is also sent to them in the post.

The defendant then has the choice of whether to use the online service, respond to court claim for money, or on paper as above. They have 28 days to respond. 

If the defendant needs a bit more time to respond, they can ask the claimant to agree to for an additional 28 days. They do not need to have a reason.  If an agreement is made the defendant can update the online service and the new agreed date will be registered on the system.  This must be done within the first 28 days. If it is not, the defendant will need to make an application to the court for more time to respond.

If you used the N1 form

The court sends a copy of your Claim Form (and the Particulars of Claim if they are in a separate document and any other documents) to the defendant as well as some notes to help the defendant decide what to do about it. Guidance for defendants replying to the claim form (N1C) are helpful. A  Welsh version is also available. 

The defendant also gets sent a response pack (Form N9). The response pack explains what to do next and includes the forms the defendant needs. If your Claim Form includes the Particulars of Claim then this pack is sent at the same time as your Claim Form. If you deliver your Particulars of Claim separately, you must send the response pack to the defendant at the same time. 

If you regret starting the claim, or the problem is resolved another way, you can stop the claim at any time. You do this either through Money Claims or by sending a completed ‘notice of discontinuance’ (Form N279) to the court and formally delivering a copy every side in the case. 

But, if it is a fast-track claim, you will be responsible for everyone’s legal costs up until the date you give them this notice, unless you can convince the court that you don’t have to pay. This is not easy to do. Try contacting your opponent before you complete the ‘notice of discontinuance’ and ask them to agree that they will not claim for their costs if you stop your claim. You never know, you might get lucky.

If your case has been allocated to the small claims track before you stop the claim, then usually you will only have to pay your own legal costs and not everyone else’s as well.

Keep an eye on the deadline for starting your claim. To do this, go to Time limits for suing someone.

If it becomes necessary to start court proceedings, because otherwise you would miss the deadline, you can ask the court for an order to suspend the proceedings until you have followed the steps you were supposed to take before starting the case. These are set out in the 'pre-action protocol' that applies to your case and/or the main rules about court conduct. See Things you need to know about court procedure before you sue for more information about the actions you must take before starting a court case. You may hear lawyers and court staff talk about a ‘stay’ - this also means suspending court proceedings.

If you are making a claim about injuries caused by a car accident that happened on or after 31st May 2021 please ensure you read How to make a small claim about injuries caused by a car accident as that explains the relevant time limits and pre-action protocols.

In responding to your claim, the defendant will either:
●    admit (accept) they owe you the amount of money claimed, 
●    admit part of the claim (which means they agree that they owe you some of the money claimed, but disagree with the rest),
●    reject all of your claim (which means they disagree that they owe you any money).

If they accept that they owe you money (either all of the amount claimed, or part of it), they are asked to pay the full amount within 5 days. 

If they do not accept they owe you money, you can ask for a County Court Judgement (CCJ) to be made against them. Having a CCJ will hurt their credit rating and will make it harder for them to get loans, a mobile phone contract, or a mortgage. They can, however, ask if you will accept payment by a set date or allow them to pay in instalments. 

If they don’t accept that they owe all or some of the money you claimed, you should read their defence carefully, as you may need to reassess the strength and value of your claim in light of what they say.

If they believe that they also lost out, and that you therefore owe them money, they may also begin a counter-claim (a claim against you).

If the defendant has not responded to your claim within the time limit set by the court you can ask the court to decide the case anyway. The law calls this applying for ‘judgment in default’.

If the court makes a decision without a response from the defendant, the defendant is likely to receive a County Court Judgement (CCJ) against them, which will harm their credit rating for a long time. 

If they agree that they owe the money they should still respond to your claim. It is still possible to settle the claim out of court. See How to settle a civil claim for more help.

After you make a your claim explains how to ask for a judgment if the person you have made a claim against does not respond to your claim. 

How much does it cost to start a civil claim in England and Wales?

The initial court fee is variable, calculated as a percentage of your claim's value, or a fixed fee for claims under £300. This is one reason it’s important to work out how much your claim is worth correctly. See Should i sue someone? to understand how to value your case.  You may be able to get help with fees through Help with fees. See Help with court fees in a civil or family case for more information.

How long can a small claim or fast track case take?

Court backlogs mean cases are taking longer. At the moment a small claim takes approximately 36 weeks to reach trial, if it goes that far. A fast track case is longer, taking approximately 57 weeks from the time you start the case to trial, if it is not settled before then.

Do I need a solicitor to represent me in a small claim case?

No. The small claims track is designed to be accessible for people a solicitor. But getting expert information, like this Advicenow guide, is strongly advised.

What is the difference between a small claim and a fast track claim?

The Small Claims Track is for claims valued up to £10,000, with very limited recoverable costs. The Fast Track is for claims valued between £10,000 and £25,000, and uses the Fixed Recoverable Costs (FRC) regime. See Legal costs and who pays them for more details.

Can I use the online system to make a personal injury claim?

No. If your civil claim is for personal injury, you cannot use the Money Claims service. You must start your claim by completing and posting an N1 paper form, and you must attach a medical report along with a schedule of loss. Buy the step-by-step guide for detailed help. 

What are the key steps to start a court case yourself? 

1. Be sure you have a good case, have all the evidence you need, and that it will be worth it. Read Should I sue someone? for more details.
2. Try to sort out the dispute another way first.
3. Check you are within the time limit. See How long do you have to sue someone? Time limits explained for more details.
4. Check that your defendant will be able to pay you if you win. See Find out if the defendant is worth suing for more help.
5. Work out who to name as the defendant. This is sometimes tricker than it sounds and a mistake can be costly. See Who to sue in a civil court for more details.
6. Be sure you understand the costs and if you might have to pay some of the other side's costs if you lose. See Legal costs and who has to pay them.
7. Make sure you follow the correct procedure before you start the court case, including sending a letter before action. See Things you need to know about court procedure before you sue someone.
8. Use Money claims (the new online service) or complete the N1 form and pay the court fee to start the case. This guide explains what you have to do,  step-by-step.

What happens if the defendant doesn’t respond to my claim?

If the defendant fails to respond within the court's strict time limit (usually 28 days for digital claims), you can ask the court to decide the case in your favour. This is called applying for a 'judgment in default', which usually results in a County Court Judgment (CCJ) against the defendant. See If the defendant does not respond. 

Can I change my claim after I have submitted it and paid the fee?

Yes, but it is costly. You can amend details freely up until you hit submit and pay. After the claim is officially issued, making changes requires an additional court application fee (currently £313). This type of amendment to your claim is considered as an Interim application. For more information about making an interim application to amend details of your claim, read our guide How to ask a civil court to do something or change something (interim applications).
 

Brief details of claim - a concise statement of the nature of your claim and the remedy you want, for example, a payment of money.

Claim form – the form you use to start your claim.

Claim Notification Form – the form you use to notify the other side of your claim.

Discontinuance – ending the case before the trial.

Expert evidence - this is evidence of an expert’s opinion, of what they think or believe about something.

General damages – the amount awarded for the injury itself.

Issue proceedings – the official start of the court case

Liability - proving that the problem is legally the defendant’s fault (they breached your legal rights or breached a contract with you).

Litigant in person - a person bringing or defending a claim without a solicitor or barrister.

Loss of amenity – means not being able to do the things, including leisure activities, which you would normally do. The award covers physical and mental injury.

Low value personal injury claims – these are claims where the personal injury element of the claim is worth over £1,000 and the overall value of the claim is worth under £25,000.

Money claim – the online HMCTS service that you can use to issue claims for a fixed amount of money (currently only for claims under £10,000 unless both sides are represented). Its is also called Online Civil Money Claims (OCMC).  

Money claim online (MCOL) – the online service that can be used to start a claim for a specific amount of money up to £10,000.

Medical report – a report from a recognised medical practitioner prepared in support of your claim for compensation for personal injury.

Notice of discontinuance – the form you use to tell the court that you want to stop (discontinue) your claim.

Notice of Issue – this tells you that your claim has started and the date it began. It also tells you the case number, the date of service, the method of service and the defendant’s deadline for responding.

Pain – how much it hurts.

Particulars of Claim – a concise written statement of the facts and law on which your claim is based and what you want from the defendant.

Remedy –  what the court can order to rectify the problem, usually money compensation.

Respond to a money claim – the online HMCTS service that you can use to respond to a money claim started using Make a money claim. 

Response pack (Form N9) – this explains what the defendant has to do after they receive a claim form and includes the forms the defendant may need.

Schedule of loss – a document listing the losses and expenses you’ve had as a result of the defendant’s conduct.

Service/Serving documents – the formal delivery of court documents to others involved in the case so that they can respond. There are lots of special rules about how and when it must be done. If you make a mistake or do not do it within the deadline, it may end your case.

Special damages - past and future expenses and losses - for example, loss of earnings, travel costs, help with childcare.

Suffering – mental anguish which doesn’t amount to a mental illness.

Quantum – the amount of compensation your claim is worth.

Disclaimer

The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgements

This guide was produced by Advicenow. We would like to thank everyone who provided feedback on the guide, and especially editorial teams at Thomson Reuters and and Sarah Townsend of Hodge Jones & Allen who kindly peer reviewed this updated version.

Advicenow is grateful to the Ministry of Justice for funding the updating of this guide under the Online Support and Advice Grant.