The small claims court is cheap, informal and effective in recovering money for faulty goods and services provided by shops.
Her Majesty's Courts Service website gives details on all our courts and how to find them, information on procedures and processes and forms and guidance to help you when using the courts.
Before you use the small claims court, consider if your case is suitable. Is your claim for less than £5000 or less than £1000 for personal injury?
If it is a complaint about financial services you might achieve the same results if you complain to the financial ombudsman.
You cannot recover money if the individual or company is bankrupt or disappears. To find out whether the company is still operating, you can contact Companies House or Insolvency Service.
If you use a solicitor you will have to pay for it yourself. You cannot recover costs from the other side. The procedure is fairly easy. It is a good idea to get advice from the Citizens Advice Bureau or ourselves.
Check with the county court. Normally the fees are £30-£120 depending on how much you are claiming. If your claim is for more than £1000 you will have to pay a further fee of £100 if your opponent files a defence.
You may be exempt from paying fees if you receive Income Support, Job Seekers Allowance or the maximum Working Families Tax Credit. To stand the best chance of winning, you will usually have to pay for expert evidence. You can claim up to £200 towards this cost if you win. If you win, but your opponent refuses to pay, you will have to spend money enforcing the order – this could be up to £50.
Send a final letter to your opponent saying that you will issue a claim unless they settle within 14 days. If this does not work, send a claim form from either your local county court or trading standards. Details of the exact fee are available from the county court.
There are leaflets available from trading standards and county courts which explain how to fill in the claim form. The form is designed to inform the judge and all the parties of your claim. It is suppose to contain a clear and concise summary of the problem. You can attach additional pages if you need to set out your case details clearly under the heading ‘particulars of claim’. Use clear, numbered paragraphs and make sure you attach them to each copy of the form. Send three copies to the court with the fee. The court will send a copy of the claim to your opponent with a reply form. It will also send you a note of your case number and the date by which your opponent has to file a defence.
Your opponent has 14 days from receiving the claim to reply, and up to 28 days to file a defence. If they fail to respond, you can apply for a default judgement – in your favour.
If they do file a defence, the court will send you a copy. If your claim is for more, than £1000, then you will be sent an allocation questionnaire. This is used by the court to form an idea of how long the case will last and how many witnesses there will be. It will then allocate your case to a ‘particular track’ – usually the small track.
If your claim is for a fixed amount of money and your opponent is in another city, the proceedings will move to the defendant's local court. But you can object if you think you have a good reason – for example, if it is difficult for you to travel.
At least 14 days before the hearing, each side must send each other copies of all the documents they intend to use. Make notes of what you want to say and ask, and go over them before you go to court. Remember to take all documents relating to the case – such as bills and letters of complaint.
Independent witnesses and reports can be vital to making a successful claim. For example, if you are claiming for poor car servicing, you will need a report from an independent garage that it was carried out badly and you lost money as a result. You can call witnesses to court, but you must tell your opponent and the court about them. You can also ask a friend or adviser to come with you if you tell the court beforehand. Alternatively you can use a solicitor.
Present your case as clearly as possible. If you lose you may be able to appeal. If you win, make sure you get your money.
The hearing usually takes place across a desk in the judge's office rather than in a courtroom. It is very informal. Each side will have the chance to put their case, ask questions and call witnesses. The judge may make a decision there and then. Alternatively, the court may write to you later with the decision.
You can use a solicitor if you wish, though you're unlikely to have your legal fees paid, even if you win.
You have 14 days to appeal, and you will need permission from the court.
In England and Wales, you can appeal if you think the decision was wrong. You will have to pay an additional £100 fee, which is refunded if your claim is successful. If it is not you may have to pay all your opponent’s costs.
In England and Wales, you will generally have to pay for your opponent's expert reports. This is usually limited to £200, though you may also have to pay £50 for their witnesses attendance, plus their travel and accommodation costs. This is granted in more cases especially if your claim is vexatious or without a merit.
If you win, but the defendant ignores the court’s decision, you have several options. All involve paying a further court fee.
You can get your money by:
If you lose you do not pay the other side’s legal fees.
For all enquiries please contact the Customer Service Centre
01753 475111
My Council
Landmark Place
High Street
Slough
opposite Slough Library
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