General advice RE process when defending a claim on the OCMC MoneyCLaim (beta) system

[LegalBiggles]

Hi

I recently received a Money Claim against me for money owed (I had some work done and was unhappy with it and so have only part paid). The claim was made using the new beta OCMC system (not the MCOL system). I wondered if anyone here familiar with the system could please help? I'm finding there's very little guidance about the OCMC (Money Claims beta) system and as such I'm finding putting my defence together quite difficult.

1. Can the different aspects of the form be saved and revisited/changed prior to submission? For example, “choose a response”. If I choose “admit part” can I change it to “reject all” later if needs be (while still at draft stage/before submitting?
2. What’s the format for the defence? Aside from the details of the defence is there also a separate timeline?
3. “List any evidence (optional)”. If, for example, I have got lots of photos of various parts of the job do I just put in one entry for all the photos? Or a separate line for each and every photo? Or group photos per topic?
4. Is this the only chance I get to list evidence or do I get another chance later in the whole court process? I don’t know at this stage whether some of the evidence will be relevant or not.
5. I note the claimant has not entered anything on his “List any evidence (optional)” screen (unless he has and we don’t get to see it yet?). If we would see his list of evidence and there is none, does he get another chance add evidence later?
6. From what I can tell there are no word limits, but could anyone confirm please?

Any thoughts on the above or links to guides would be a massive help.

Many thanks

[LegalBiggles]

If anyone has any insights before I go ahead and make a pig's ear of it, please do share! Many thanks

[atticus]

I would - if I had any experience of the new system! I suspect others may be in the same position.

[des8]

R0b might have some knowledge, as might pt2537

[LegalBiggles]

Fingers crossed! Thanks des8

A quick aside while I hopefully for wait for answers from those in the know(!), when writing my defence is it best to refer to myself as "I" or "the defendant"?

Many thanks

[des8]

You write your defence in the third person as the defendant, but your witness statement (when it is required) in the first person

[LegalBiggles]

Great, that's really helpful - thanks for confirming RE using third person in the Defence.

Hopefully someone will come along who has experienced defending in the beta system. I have still not seen how the defence is laid out because I want to be 100% sure I can revise decisions first. The first page asks whether I admit, part admit or reject. I haven't got full costings yet so not sure which applies. Yet without answering that I can't get to see how the next stages are presented... And that makes drafting all the more difficult. Well, that and and the other questions in the OP.

Many thanks

[atticus]

Yet without answering that I can't get to see how the next stages are presented... And that makes drafting all the more difficult.

This annoys me about a lot of government online application forms. It is often useful to be able to read the whole thing through before you start filling it in, and yet you are not allowed to look at the next page without completing every last detail of the page you are on. Wait till you try applying as sponsor for a visa for a Ukrainian refugee!

[LegalBiggles]

Does anyone know RE the OCMC system:

- If I defend only, does the claim then leave the OCMC system and revert to standard?
- When the courts ask for evidence, do they tend to ask for paper copies or an e-bundle nowadays?

Many thanks

[LegalBiggles]

Hi all

I've submitted my defence through the Money Claim beta system (OCMC) and took notes while I did so to share on here. I found it difficult to get any info before I did mine, so if someone stumbles upon this in the future perhaps it might prove useful.

- Changes and Revisions. Yes, you can revise everything. You just go back in and change it however you want. It is all changeable up until when you submit it at the final stage.
- Word Limit. There did not seem to be a word limit for the defence or timeline.
- Error Messages. However, when I copied and pasted my draft defence from a word document onto the online system, it did throw up and error message when I first tried to get to the next screen. I panicked initially thinking I'd exceeded a word limit. But after A LOT of monkeying around for ages I found out it wasn’t due to the amount of words but that it did not like one particular sentence. I've no idea why not, but when I played around with it the error disappeared. Very odd!
- Costs (i.e. a breakdown of how much you think you don't owe). There was no separate page for this. It just asked how much I think I owe (as a part admit). So I kept the costings calcs I made in the defence.
- Formatting of Defence. When you get to the last confirm and submit page, it puts all of the sentences and paragraphs of the defence into one long stream of consciousness, with no paragraph spaces etc. But once it actually creates the form, the spacing comes back again, so no need to worry.
- Directions Questionnaire. This formed part of the process, and so was submitted at the same time as the defence.

Here's a run down of all the different pages I got whilst submitting the defence. Note that I part admitted. Presumably if you fully admit, or fully defend you'll get different pages.

1.Prepare your response
- Confirm your details
- Date of birth
- Phone number (optional)
- Decide if you need more time to respond

2.Respond to claim
- Choose a response
- I admit all the claim / I admit part of the claim / I reject all of the claim
- Have you paid the claimant the money you owe?
- How much money do you admit you owe?
- Why do you disagree with the amount claimed?
- Box to enter defence
- Timeline. And option to comment on their timeline.
- Evidence. And option to list any parts of their evidence you disagree with
- When will you pay the £xxx?
- Immediately *or* by set date *or* repayment plan.

3.Resolving the claim
Free telephone mediation
- Agree to / decline
- Phone number

4.Your hearing requirements
- Give us details in case there’s a hearing
- Support you require
- Choose hearing location
- Expert witness (it says: “It’s rare for a judge to allow you to use an expert in a small claim. Most small claims don’t need an expert. An expert is not a legal representative.”)
Options are continue without *or* I think this case requires an expert.
- Do you want to give evidence?
- Do you want other people to give evidence? How many?
- Are there dates in the next 9 months when you or your witnesses can’t go to a hearing?

5.Submit
- Check and submit your response
- Includes statement of truth


Cheers