Small claims court
Settle consumer disputes legally
The small claims court is the low-hassle way to take legal action for up to £10,000 against a firm or individual in the UK. But be confident you've got a case before you start as new fees mean you'll now pay twice as much if you lose. This guide tells you how to make a claim, whether it's the best course of action, and how to max your chance of winning.
What counts as a small claim?
There isn't such a thing as the 'small claims court'. It's actually just a procedure that some more simple cases (the rough rule is those that'd take less than a day to resolve) for under £10,000 go through.
The big advantages are you can apply online, they try to keep it as informal as possible and you don't need a lawyer. Plus some cases go undefended, which means you simply win without doing anything. Plus if you lose, any costs awarded against you are usually limited.
Small claims need-to-knows
Court action shouldn't be your first attempt to get redress. You must be able to show that you have tried to settle a claim before taking court action – if you can't, the court may penalise you.
The court will expect you to have already made your claim in writing, giving the other person a reasonable amount of time to reply (you should specify a time limit in your complaint letter). You should also warn them that you'll take court action if they fail to reply within the given time. You never know, just saying this may be the kick up the bum they need to cough up.
You may feel like you want your day in court, but don’t rule out mediation which is likely to be offered to you once you are in the small claims process. If both sides agree to using mediation then you’ll be contacted by the Small Claims Mediation Service, which deals with monetary claims under £10,000 that are already going through the courts.
There’s no charge for this as it’s covered by your initial fees. As most cases are dealt with by telephone, they save the time and the expense of having to go to court, meaning that the court will often encourage you to take this approach.
You can’t demand to go to the small claims court. There's a small risk the judge will say your case can't be dealt with as a small claim because it's too complex, or the hearing will take longer than a day. So be prepared.
Making a small claim should always be the last resort, so consider taking your complaint to an ombudsman or watchdog, which work to protect consumers, first. Ombudsmen are totally free so you can't have any costs awarded against you, meaning you have nothing to lose. As well as looking at the legal points, an ombudsman will also consider good industry practice, giving you a better chance at success.
- Ombudsmen, and organisations with similar remits, help with individual complaints, though you must try to sort it by yourself with the company first.
- Watchdogs do not usually have the power to force action on a company or industry or to solve individual complaints. Yet they do encourage consumers to submit complaints, so they can spot areas that may need further investigation.
See the How To Complain guide for the full list of ombudsmen, trade associations, consumer organisations, Government bodies and watchdogs you might complain to instead of going to court.
If your claim's for a larger amount, you've less chance of being in small claims, which is by far the easiest way to claim. If you're just above the limit, consider lowering the asking amount down to £10,000 (even if your earlier letters demanded more).
For claims beyond the new £10,000 limit you're likely to end up in what's called the 'fast track' or the 'multi-track' system, which is beyond the scope of this guide. This is likely to be a more formal hearing, and it's likely that you will want to take legal advice before pursuing such a claim.
See the HM Courts & Tribunals Service for more information on larger claims, and how to find your local court.
In Scotland the small claims (known as 'Simple Procedure') maximum is £5,000 while in Northern Ireland it's £3,000. Across the rest of Europe, it's €5,000 using the European small claims procedure (see the European Consumer Centre for more).
In all but the most complicated cases, you shouldn't need the help of a lawyer. The small claims system is designed with this in mind. Free sources of help such as Citizens Advice Bureaux are listed in the How To Complain guide if you do need assistance.
The claim must be started (and that means a claim form must be issued and not simply a letter of complaint sent) within what's called the 'limitation period' (generally six years from when your right to make a claim arose in England, Wales and Northern Ireland and five years in Scotland).
If the person or company you are lodging your claim against doesn't reply to your claim within 14 days, you can ask the court for a 'judgment by default'. If this happens, then you may win the case by default. Don't rely on this happening however, just be aware that it is an option.
If you claim a fixed amount and are in a position to request a default judgment, then it will be for the amount you claimed. However, if you claim a completely inflated amount, then you will put the person or company in a stronger position to ask the court to set the judgment aside.
Make sure you check that the shop or individual has the money to cough up first. If not, taking your claim to the court will be a waste of time.
If it's been a particularly bad battle and the business or individual hasn't budged an inch throughout your complaint, it's worth taking a step back to consider if they'll ever pay up. Unfortunately, even if you win in court, this still doesn't mean you're guaranteed the cash.
When it comes to companies, a small percentage of cowboy firms will do all they can to avoid paying out, even if you get the bailiffs on them. One way to check a company's history is to run a judgment search at the Registry Trust. It costs from £6 and it may help you decide if it's worth carrying on your claim.
If you do win, don't forget that the money that might be awarded by the judge won't necessarily be as much as you originally claimed for.
You will be awarded what you legally deserve, which may be what you claimed or less. The general object of compensation is to put you in the same position, moneywise, in which you would have been, had the person or company not acted in the way about which you are complaining. It isn't to make a profit out of it.
Is your claim genuine?
Before doing anything else, step back and think about whether you have a genuine claim. If your claim gets to court the judge will be looking for the accuracy of your claim and more importantly whether or not you're telling porkies – including embellishments. If the judge finds that you are, then you're not going to win, so be honest with yourself. Ask yourself:
- Have I been genuinely wronged?
- Can I afford the process?
- Is it worth it?
If the answer to all three of these is "yes", then, and only then, should you consider starting the small claim process. There are forms to fill out and it will take time, so isn't something that should be taken on lightly.
What can I make claims for?
You can make a claim to the small claims court for most breach of contract claims (but don't forget that winning is a different matter), but it will be judged based on the law.
The process is the same whether you are suing an individual or a company. So whether you are claiming compensation for a faulty washing machine from a well-known company, or some work done by an independent cowboy builder you wish your mate hadn't recommended, you could end up in the small claims court.
Will it work?
Some MSE forumites have had success with their small claims. In most cases the companies involved coughed up before it even got to the hearing stage, so it may just be worth a go.
SportsDirect.com didn't refund me for the postage for returning goods they incorrectly sent me. The day after lodging the claim I got an email from them. I think some of these companies need a reminder that not all customers roll over if they give bad service." Johnkg
I have now been refunded outstanding money from JA Bathrooms. I ordered and paid for goods in December 2011 and after many confrontations took out a small claims action with Money Claims On Line. The small claims action was contested a day after the cut-off date and so judgment was awarded in my favour. I finally received payment in two instalments from the court (cleared funds from JA) for my initial outlay plus court and bailiffs' costs. It can take time, but anyone in a similar position should not hesitate in applying [to the small claims court]." Conway1
Some things to try first
Have you tried to take poor or faulty goods back to to the shop only to have your complaint dismissed? Don't forget that you are a consumer and you have rights, whether you have bought goods or services. Know your consumer rights before you go any further with your small claim.
Once you know your rights, if you want to push your complaint to the max before threatening to use the small claims court, check out the How to complain guide which, will give you step-by-step information on how to fight for your rights.
If it's a financial services company you're having problems with you can complain through the Financial Ombudsman Service. You have nothing to lose by going to the ombudsman – it's free, so even if the ombudsman rules against you, you won't be any worse off than if you hadn't complained. Go to Your Financial Rights for how to complain, get help and most importantly, compensation.
The usual claims allocated to the small claims process include:
- Compensation for faulty services provided by builders, dry cleaners, garages, etc.
- Compensation for faulty goods, for example, televisions or washing machines which go wrong.
- Disputes between landlords and tenants, for example, rent arrears or compensation for not doing repairs.
- Tenants claiming against landlords for repairs or other work to be carried out where the cost of the work is £1,000 or less.
- Wages owed (eg, freelancers not being paid), or money in lieu of notice.
Flight delay reclaiming? Court isn’t always necessary, see the Flight Delay Compensation guide.
- Compensation for faulty services provided by builders, dry cleaners, garages, etc.
You can't sue for personal injury claims for more than £1,000, or claims by tenants of residential premises against their landlords where the cost of repairs is estimated at more than £1,000.
There are some claims which the usual small claims court won't normally deal with, even if the claim for damages is low. One example of this is intellectual property claims.
You can't claim online if the defendant's address is outside England and Wales. Sometimes you'll need the court's permission to serve the claim form.
There are special procedural rules that have to be followed and the position can sometimes be a little complicated so you may need to seek guidance from the court.
There is a special procedure for European cross-border claims (eg, you're shunted at traffic lights in Rome and want to claim here). The claim limit is €5,000 using the European small claims procedure (see the European Consumer Centre for more).
There is a standard claim form which you can issue through the county court. If you win, they'll be ordered to pay your costs, which may include translation fees.
In Scotland the small claims maximum is £5,000 while in Northern Ireland it's £3,000.
How much are court fees for small claims?
Now the all-important question – how much money is this going to cost me? But before we start there is a key point to make...
If you win your case, it won't cost you anything.
Here's how it works:
You do pay a fee upfront. But if you win, it won't cost you anything as you'll get the fees back. If you lose, you don't – so be realistic with your initial claim.
Initial claim fee - to start your claim:
|Up to £300||£35|
|£300.01 - £500||£50|
|£500.01 - £1,000||£70|
|£1,000.01 - £1,500||£80|
|£1,500.01 - £3,000||£115|
|£3,000.01 - £5,000||£205|
|£5,000.01 - £10,000||£455|
£40 Court allocation fee – to get the claim to the court (if claim is over £1,500).
£25 - £335 Hearing fee – paid if and when your case gets to court (when done online).
If you're on benefits or have a low income, you may qualify for remission of the fees – this is just a fancy way of saying that you won't have to pay the fees. But this won't stop the judge making an order that you pay the other side's expenses if you lose.
If you win your case, you'll get the court fees back as well as the claim, and you can ask for certain expenses.
If you win, you can't charge fees for any legal advice to the defendant. So if you pay for legal advice, you're unlikely to get it back. This is why most claimants deal with a small claim without the help of a solicitor.
You shouldn't have the other party's lawyer's fees awarded against you – but you could find yourself paying certain expenses of theirs if you lose, and you won't get the court fees back. You'll have to pay within 14 days of the hearing, but you can ask for more time to pay the costs and anything else by instalments once the court has seen full details of your income, expenses, assets and liabilities. You could end up paying:
£90/day For loss of earnings or leave to attend a hearing, plus reasonable travelling expenses for each of the other side and any necessary witnesses they take along to court.
£750 If the judge gave them permission to get evidence from an expert, eg, having to get an expert to inspect a sofa for a fault.
Step-by-step help for making a small claim
Don’t panic, this won’t end up like an episode of Judge John Deed. You don’t even have to take an oath. But you will need to state that what you have put down is true, and telling porkies could land you in trouble. In fact, you might never even get all the way to the court.
Making a small claim is often just a case of filling in a claim form online or sending one to the court. Sometimes, just the act of doing this will mean a company settles (assuming you’ve got a decent case).
1. Prepare the case
It's important to prepare the case carefully. Don't forget the court has to be convinced by what you're saying. Here are our tips...
Judge Stephen Gold, a district judge at Kingston-Upon-Thames County Court, says:
"Just because it is a small claim, it doesn’t mean that you can get away with a half-baked case. The same law applies for small claims as applies to a hefty claim in the High Court."
It’s very useful to note down what the case is; for example, the points to make, the documents which are relevant, and what they prove. A list of all documents, and other evidence is useful to make sure nothing is forgotten.
This could include clothes ruined by a washing machine, shoes, etc. If this is not possible, photographs could be used instead.
Evidence of expenses should be prepared and any receipts taken along. All letters (and any other relevant documents, including photographs) about the case should be ready for the hearing.
In many cases, the claimant and the defendant may be the only witnesses. If you have other witnesses who back up important parts of your evidence which the other side contests, then, it's really important they attend the final hearing with you.
Judge Stephen Gold says: "If you are relying on witnesses to back up your case, then take them with you. It is normally not good enough if there is a contest on the facts to produce a witness statement and not to produce a witness who made it. After all, the judge can't question and the other side can't cross-examine a piece of paper. Keep focused on the important issues and don’t get side tracked. You will get your chance to question the other side and any witnesses they may have, so it is a good idea to think through before the hearing some questions to put to them which could expose or highlight the weaknesses in what they are saying."
What if my witness can't get time off work?
If a witness has difficulty getting time off work, it may be helpful to serve a witness summons which they can show to their boss. The court can explain how to do this.
If you wish to use an expert witness, you must get the permission of the court first. The court may well order that the expert is instructed jointly with the other party in the case and that the expert's fee is initially shared by each side.
It's game on! If the defendant decides to defend your claim, they have 14 days to respond. When their defence is returned to the court, you'll be sent a directions questionnaire which must be returned no later than the date specified on it. The court will use the information given on the directions questionnaire to decide which track the case will be allocated to.
The real meat of your claim involves filling in a form called a Particulars of Claim (Simple Procedure Claim in Scotland). This is a statement telling your side of the story. You need to include full details of what you're claiming for and why.
In England and Wales
Use the new online service or Moneyclaim website. There's a starting fee of between £35 and £455, depending on the size of your claim, which can be paid by a credit or debit card. The court is likely to order that this fee is refunded to you by the other side if you win, but not if you lose.
If you don't have plastic to pay on, get the paperwork (form N1) to start the claim form from your local county court and pay there, it's the same price. Fees may be waived if you're on benefits (see the EX160 Do You Have To Pay Fees? leaflet on the HM Courts & Tribunals Service website).
3. Start court action
You should send or take two copies of the claim form to the court where you want to start court action (any money claim must be issued at the County Court Money Claims Centre, other cases can be issued in the local county court), and make sure you keep an extra copy for your own records. You must also take or send the court fee.
The court will then stamp the claim form and in most cases serve it on the defendant. It will give you a document with the case number on it (called a notice of issue). If you want to serve it yourself, you can ask the court to give it back to you once it has been stamped.
There'll then be one of two outcomes...
Your claim ISN'T being defended
Result! You have scared them enough into paying you the money without having to take it to court. But there still might be a little bit of work to be done.
If they can pay the money immediately, that’s great, this should be sent directly to you. If they tell you they need time, you will need to come to some sort of arrangement, but it’s down to the defendant to fill in the paperwork this time (they will need to send a form to the court requesting ‘judgment on admission’). If they don’t stick to this arrangement, you can take legal action against them forcing them to pay.
If you don't accept their offer, you have to give your reasons why. A court official will decide what a reasonable arrangement should be.
The court will send both parties an order for payment. If you’re not happy, you should write to the court giving your reasons and you must send a copy of the letter to the defendant. A judge will then decide what is reasonable for the defendant to pay. If the defendant does not keep to the arrangement, again you can take enforcement action.
Your claim IS being defended
If the defendant decides to defend your claim, they have 14 days to respond. When their defence is returned to the court, you'll be sent a directions questionnaire which must be returned no later than the date specified on it. The court will use the information given on the directions questionnaire to decide which track the case will be allocated to.
4. Go to court
If the court decides to allocate the case to the small claims track, both you and the defendant will be sent a notice of allocation which will tell you what you need to do to prepare for the final hearing (you might, for example, be asked to send copies of all documents you intend to use to the court, as well as to the other party, at least 14 days before the hearing is due to take place).
Make sure you follow these directions. If not, the case could be postponed and you might have to pay all the costs of the case. Also, in some cases if you haven't followed directions about filing documents and witness statements, the court may refuse to allow you to rely on them and continue to hear the case without your evidence.
The notice of allocation will usually specify the time, date and place where the hearing will take place and how much time has been allowed for it.
Read all the documents
Once the case has started, make sure you read the documents you get from the court, such as the directions. These will probably tell you to come up with written statements of the evidence of yourself, plus any witnesses who can back up important parts of your evidence which are likely to be challenged by the other side and to send them to the court and the other side a specified period before the hearing. Don't fall into the trap of simply taking note of the hearing date and nothing else.
Judge Stephen Gold
What happens at court?
At court is where you present your case. It's important that you keep calm and state your case in a rational manner so that the judge has the chance to hear why you feel you have been wronged, and what redress you're seeking and why.
Though it might seem intimidating, you're not going to be watched by a jury of 12, the world's media, court officials and members of the public taking an interest.
This isn't a criminal trial; it's likely to be held in a small room with just the judge and clerical staff, plus you and the defendant.
Don’t be nervous
Going to court might be an intimidating experience for many, but there is nothing to fear. More often than not small claims are heard in a room which resembles an office (not the sort of courtroom you see on TV) and the judge will do all they can to try to put you at ease.
Judge Stephen Gold
Go through the detail of the case, say what methods you have already tried to sort out the case. The more effort you've made before going to court, the more the judge can see that you've not just applied to court on a whim.
It's also important that you don't get angry. It's likely that if you've reached a small claims hearing that you're frustrated beyond belief at not being able to get your money back from the shop/tradesperson, but the judge won't look more favourably on you if you're visibly angry. State the facts of your case calmly, and wait for the judge to decide...
If you want to attend the hearing but can’t, you can write to the court and apply for a later date to be set. But be warned, saying it clashes with a hair appointment won’t cut it and it will (literally) cost you.
But if the cost of getting to the court hearing is higher than the claim merits, you can write to the court (the letter must arrive to both the court and the defendant no later than seven days before the hearing date) asking them to deal with the claim in your absence.
Sometimes the court won’t set a final hearing date at the allocation stage. It could instead propose that the claim is dealt with without a hearing. If the parties do not object, the case will be decided on the papers only. If the parties do not reply by the date given, the judge may treat the lack of reply as consent.
A preliminary hearing could be held instead if the claim requires special directions which the judge wants to explain to the parties personally, or where the judge feels that you (or the defendant) have no real prospect of succeeding and wants to sort out the claim as soon as possible to save everyone time and expense, or if the papers do not show any reasonable grounds for bringing the claim. A preliminary hearing, therefore, could become a final hearing where the matter is decided once and for all.
5. Get a judgement
If you've attended court at the end of the hearing the judge will give the judgement, and will give you reasons for the judgement. If you don't attend the hearing then you'll be sent a letter with the judgement.
If you're not happy with the judge's decision you can appeal against it, but only if the court made a mistake in law or there was a serious irregularity in the proceedings. You will need a judge's permission to appeal.
If you want permission to appeal, you must request it when you lose and, if it is refused, re-request it in the notice of appeal which must be received by the court within 21 days from the date of the decision, unless the court has given a different time limit.
6. Enforce the judgement (if the person who owes you doesn't pay)
After you’ve been to court and won you may still have to ‘enforce a judgement’ to get the money you’re owed. You’ll need to go back to the same court and it will cost you money.
Ordering someone to attend court costs £50, and the other steps cost a whopping £100 each, so it’s worth working out what the person or business can afford to pay.
If the money is owed by an individual you can ask the court to order a debtor to attend to provide evidence of their income or spending. If it’s a business you can ask for an officer from the company to attend court to give details of the account. You can then decide what you need to do to get your money. You have four options:
Send bailiffs to collect payment
You can ask the court to use bailiffs to collect the money, by either filling in a warrant of execution form or using Money Claim Online. The bailiff will ask for payment within seven days and if the debt isn’t paid, they’ll visit the person’s home or business, to see if anything could be sold to pay the debt.
Get money deducted from wages
You can ask the court to send an order to the person’s employer, to take money from wages to pay the debt. To do this you’ll need to fill in an attachment of earnings order.
Freeze assets or money in an account
The court can freeze money in the person’s bank or building society account (or in a business account). To do this you’ll need to fill in a third party debt order. The court will decide if money from the account can be used to pay the debt.
Charge the person’s land or property
You can ask the court to charge the person’s or company’s land or property. To do this you’ll need to fill in a charging order. If the land or property is sold, they must pay this charge before they get their money.
Clever ways to calculate your finances