Has anyone any experience of using the Money Claim Online service
https://www.moneyclaim.gov.uk/web/mcol/welcome
Does it work? How long does it take?
Good or bad, let me know.
I have had a cheque for nearly £2K bounce, I need the cash!!!
Yes, I’ve used it and it’s very easy to use.
How long it takes to get a result depends on the defendant’s reaction. If he defends the claim and it ends up going to the Small Claims Court then it will probably take six months or so to get a judgement. If he doesn’t defend the claim (and if he has given you a cheque then he has admitted owing you the money) then it will take about three months to get a judgement. If he still tries to stall and you have to get bailiffs involved then it could take 18 months to get the money, in dribs and drabs.
However, as you will read if you research it further, there is no point in taking action against someone if they do not have any money or seizable assets.
Have you tried liaising with the person who wrote the cheque, to see if there is any chance that it will clear if re-presented?
I’‘ve used it twice, both in a business capacity, and it worked wonders both times, we had the money within a couple of days of issuing the papers. Once company asked us to cancel the court order and then they would pay, we said we’'d cancel it when we received the money, hey presto it was in our account the following day.
No problems with it at all, very easy to use.
Yes, just to add to what I wrote above, just the threat of action is often enough to get a debtor to cough up.
Before you do use it though, you have to write to the debtor, outlining your claim and giving them a reasonable period to settle it before you start legal action- fourteen days would be more than enough.
I have spent three months chasing a refund, the company finally agreed to pay, but the cheque bounced and cannot be re-presented. I asked for a wire transfer/BACS/Bill payment but they are now refusing to speak to me!! 
Well, provided they have either the money to pay you or seizable assets then you should have no problem in claiming the money. Although it is not illegal to bounce a cheque, it is a breach of contract.
You MUST have evidence IN WRITING though that you have tried to collect the sum owing before you commence legal action- this cannot be stressed enough- so write, giving them a final chance to pay up, post the letter by recorded delivery and keep the receipt.
Don’t forget to add a few hundred pounds to your invoice for your time and trouble so far.
Harry Monk:
Before you do use it though, you have to write to the debtor, outlining your claim and giving them a reasonable period to settle it before you start legal action- fourteen days would be more than enough.
The relevant Civil Procedure Rules pre-action protocol guides you through what you need to do in this letter - Annex A of that document is a concise step by step guide.
Note that, in this context, ADR is Alternate Dispute Resolution - mediation, conciliation, arbitration - that sort of thing. If there’s no relevant ADR scheme, say so.
The courts accept that claimants on the Small Claims track are lay people, so they will forgive minor errors. Indeed, you cannot usually claim for the costs of legal advice in the Small Claims Court.
djw:
Indeed, you cannot usually claim for the costs of legal advice in the Small Claims Court.
Yes, this is true and it normally works in the little guy’s favour since it deters a wealthy company from threatening him with the costs of an expensive lawyer should he lose the case. You can claim reasonable costs and loss of earnings.
I’ve used Money Claim Online against a used car dealer, who didn’t defend the claim and so automatically had the award made against him, but I’ve also used the Small Claims Court in the days before the internet against a haulier who owed me wages, having made illegal deductions from my wages (and in fact, I’m just in the process of doing exactly that again right now) and if it does go as far as court, then it really is the most un-intimidating and straightforward process- just you, the other bloke and the Registrar sat around a desk in an office. You say your thing, the other bloke says his thing and the Registrar makes the decision.
Provided you know what the law is, and it is on your side then you are slated to win- I know that if I do end up going the whole way this time, the (very wealthy) haulier in question will just bleat about how difficult times are, and how it’s not fair etc, whereas I will quote the Employment Rights Act 1996 and that will be Game Over. 
Strongly recommend this company;
thomashiggins.com/default.aspx
Bad debtors always seem to pay up before it goes to court, whenever I’ve used them.