
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.
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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
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.
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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.
Quick questions
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:
Claim amount | Paper form fee | Online claim fee |
Up to £300 | £35 | £25 |
£300.01 - £500 | £50 | £35 |
£500.01 - £1,000 | £70 | £60 |
£1,000.01 - £1,500 | £80 | £70 |
£1,500.01 - £3,000 | £115 | £105 |
£3,000.01 - £5,000 | £205 | £185 |
£5,000.01 - £10,000 | £455 | £410 |
£40 Court allocation fee – to get the claim to the court (if claim is over £1,500).
£25 - £325 Hearing fee – paid if and when your case gets to court (when done online).
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 (although it's cheaper online). Sometimes, just the act of doing this will mean a company settles (assuming you’ve got a decent case).
Quicker way to resolve claims online
We explain below step-by-step how to start a small claim using the old system – which although does have an online system – is very dated and means you have to fill in and post a paper form.
The new system works exactly the same as the process we have outlined below, the only difference is that everything is done through the online system which you can access through the Government portal. So for example, the claim and the particulars of the claim are all incorporated within the new digital system.
The new online service is able to recommend mediation services and if you don't go to court enables you to settle your dispute online.
However, as the new system is still being fully developed, if your claim is contested/defended, the new online system stops there for now and you will be sent the provisional notice of allocation and the directions questionnaire via email/paper by court staff. We will update this guide if this changes in the future.
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...
Quick question
2. Fill in the claim form
The below information all relates to the old online system and paper form you have to send off, if you still choose to go down this route, this is the procedure you will need to follow.
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.

The right online claim depends on your location
Some specifics on the form

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.
How will I know if I'm going 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
Quick questions
4. 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...
Quick questions
Thinking of making a small claim? Share your experiences/complaints in the Small claims court forum discussion.


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