Particulars of claim for a debt

You’re owed money. After unsuccessfully begging and pleading, you’ve decided that the only way that you’re going to get it is by suing the debtor. This involves setting out your claim so that both the court and the defendant know what you’re after. Use our precedent to enable you to set out your claim both clearly and concisely so that no misunderstandings arise.

Advice

Your particulars of claim must always set out the facts of your case. By all means tell a story, but don’t waffle. Keep your sentences short and make sure that you don’t miss out any important facts. If appropriate, divide your case into numbered paragraphs with each paragraph limited to one allegation. You’re also entitled to interest on your claim. However, if you fail to include this in your particulars, then you’ll miss out.

Interest

If your contract sets out a rate, then base your claim on that. You must remember though to refer to the rate. If it’s a business debt and your contract is silent about interest, then don’t forget about the Late Payment of Commercial Debts (Interest) Act 1998. The Act automatically allows you to charge interest at a set rate - 8% above the Bank of England’s base rate. If neither of the above apply, e.g. your debtor’s a consumer, then the court has the power to award interest at its discretion under the County Courts Act 1984 at a fixed amount of interest - 8%. Whatever mechanism you’re using to claim interest, always ensure that you specify:

• the percentage rate at which you’re claiming

• the date from which it is claimed

• the date to which it is calculated

• the total amount of interest claimed to the date of the calculation

• the daily rate of interest claimed after that date.

Tip

Don’t forget that if you don’t want to wait for the court to send you a claim pack, you can download all the forms by going to http://www.justice.gov.uk. Alternatively, you can submit your claim online at Money Claim Online provided it’s for less than £100,000 and there are no more than two defendants - http://www.moneyclaim.gov.uk.

Costs

If your claim is for £10,000 or less you’ll probably be in the small claims court and costs aren’t generally awarded to the winner. But it’s always a good idea to ask for costs in your particulars. Costs are awarded at the judge’s discretion, even in the small claims court.