The small claims procedure is a quicker and simpler way of using the courts to settle disputes than other parts of the courts system – you don’t need a solicitor, and the hearing itself is informal. However, you need to be realistic about the success of your claim and, further, the ability of your creditor to pay you.
You should try and resolve the problem with the trader before it goes to court, and you may want to try other methods of dispute resolution first, such as an ombudsman. Using the court system should be a last resort.
Claim limits
From 1 April 2013, the total you can claim in England and Wales has risen to £10,000. In Northern Ireland it’s £3,000. In Scotland, from 28th November 2016, a claim of £5000 or less is dealt with under the ‘Simple Procedure’ which has replaced the small claims procedure.
There are a couple of key exceptions to this. You can’t claim up to this amount for housing disrepair or personal injury, both of which will stay at £1,000.
But, even if your claim is within the claims limit, a judge may decide that a case cannot be heard as a small claim if the case is believed to be too complex.
Prior to taking court action, it is important that every effort is made to try and resolve the dispute with the trader whether that be by informal resolution, mediation; ombudsman or Alternative Dispute Resolution (ADR). If there is no alternative but to then take the more formal route of court action it is suggested, you give the trader written notification that you intend to pursue your claim through the small claims court. In the letter outline the facts, what you see as a satisfactory resolution, how you have calculated the amount you are claiming, what documents you intend to use to support your case, any documents you might want them to supply and set a reasonable timescale for them to respond.
If you do use the small claims court, it will take a few months between issuing proceedings (starting your claim) and getting a judgment. Also, if you win your case, that doesn’t mean you will automatically get the money you are owed; you may have to take further action to get the trader to pay up. However, sometimes just the threat of court action can persuade the other side to settle with you.
Visit the HM Courts & Tribunals Service (Her Majesty’s Court Service) online in England and Wales, the Northern Ireland Court Service or your local court to get a claim form, and other documents that explain the small claims process.
How much does it cost to bring a small claim?
Using the small claims court should cost you relatively little. This is partly because you manage the case yourself.
A fee is payable to initiate the claim. The fee will vary and will consider the size of your claim and whether you are in England, Wales, Scotland or Northern Ireland. If you win the case, you can claim the fee back from the defendant.
Where there is a need to provide an expert witness to support your case you may have to foot the bill, however if you should win the case the defendant will have to pay these fees on top of your claim. (There is a ceiling on the amount allowed).
For further and more detailed information on making a small claim including fees, check out the web link below.
workplacewellbeing.com assumes no responsibility for the content of linked websites.
Useful websites
HM Courts and Tribunals Service
Scottish Courts – simple procedure
