Small claims court: How to make a claim, and the fees you'll pay

Telegraph

12 hours ago

If you need to take legal action against a firm, the small claims process can be a simple and cost-effective way to resolve disputes of up to £10,000, usually without needing a lawyer.
However, there are fees that you will need to pay, so you will need to assess whether your case is valid and how likely you are to succeed. If your claim is unsuccessful, you won't get back the fees that you have paid and you could also be ordered to cover some of the other party's costs.
Here, Telegraph Money explains how the small claims court process works and how much it could cost you.
What is the small claims court?
What is considered a small claim?
How to make a claim in the small claims court
Small claims court procedure
Small claims court fees
What is the small claims court?
The small claims court isn't a type of court, but rather a process that allows you to make a straightforward court claim to recover money that you believe you are owed by an individual or a company.
It's commonly used to seek compensation when something has gone wrong, such as receiving faulty goods or services, and the company or individual has failed to give you an adequate refund.
Small claims are not meant to be complicated, so they should not need a solicitor. To start your claim, you will need to apply to a county court – but we explain more about the process later in this guide.
What is considered a small claim?
A small claim is a legal dispute involving a relatively low amount of money. In England and Wales, the maximum amount you can claim is £10,000. In Scotland and Northern Ireland, this limit is £5,000.
Common small claim examples include:
Compensation for faulty goods, such as appliances and televisions.
Compensation for poor services, such as those provided by builders or garages.
Disputes over unpaid invoices or wages.
Disputes between landlords and tenants, such as rent arrears.
Note that you can't submit a claim for personal injury if it's for more than £1,000, or if you're a tenant claiming against your landlord for repair costs of more than £1,000.
Also keep in mind that a judge can decide your case is too complicated to be heard in this court, even if your claim is within the limits mentioned above. In this situation, you'll need to pursue your claim outside the small claims process, and this is often more expensive.
How to make a claim in the small claims court
To make a court claim, you should follow the process below:
Try other avenues first: Going to court should be a last resort, so before you start full proceedings, make sure that you have already exhausted other avenues to try and resolve the situation. This should include writing a formal letter to the business or person you disagree with, explaining the situation and how you want it resolved. You should do this even if you have already written to them to complain. If you don't get a reply or you're not happy with it, you can start your small claim.
Get your claim form: In England and Wales, the easiest option is to visit the HM Courts & Tribunals Service website or the gov.uk website. Alternatively, you can head to your local court to pick up a claim form to send by post. In Scotland, the process is called Simple Procedure, and you can visit the Scottish Courts & Tribunals Service Civil Online website to start the process. In Northern Ireland, you can pick up a form at the court office, Citizens Advice, Trading Standards Office or from the Northern Ireland Department of Justice website.
Fill in the form: You will need to provide the name, address and email address of the person or company you are claiming against. You must also explain the reason for your claim and the sum that you are claiming for. If you do not know how much money you want to claim, you must send in a form by post, rather than online.
Pay the court fee: These are listed in this guide in the table below. You can pay with a debit or credit card if you are making the claim online. If you are making a claim by post you will need to download and fill in an N1 form, and send it – along with a cheque or postal order for your court fee – to the Civil National Business Centre, at St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH.
Wait for a response: Your claim will be sent to the person or company you are claiming against, and they will issue a response. If they agree to pay you the money that you have claimed for, this should either be done immediately, or they may ask for time to pay it, in which case you may need to come to an agreement for this. They may disagree to pay the money you have claimed, in which case you can request a judgment, or you might need to go to a court hearing.
Small claims court procedure
If the defendant refuses to pay your claim, the procedure is as follows:
You will be sent a directions questionnaire, which you must complete and return by the date stated on it. This is used to gather information so that the judge can make informed decisions about the case's progression.
You will be offered a one-hour compulsory telephone mediation service, where you may be able to reach an agreement with the other party. This service is free.
If you don't reach an agreement, the case progresses to court. You and the other party will be sent a notice of allocation, informing you of what you must do to prepare for the final hearing. You can either choose to represent yourself or pay for a barrister or solicitor to represent you. You can also ask the court's permission to have someone else speak on your behalf if you are not happy to do so yourself.
Once in court, you must state your case clearly, explaining why you are making the claim and what outcome you are looking for. Be sure to remain calm and explain the steps you have already taken to try and resolve the issue.
At the end of the hearing, the judge will make a ruling and explain why they have made this decision. If it does not go in your favour, you can appeal, but it's important to seek legal advice first. You also need the judge's permission.
If you win your case, the judge will explain how long the defendant has to pay you. If they do not pay up, you can start enforcement proceedings, but this can be a lengthy and stressful process. It will also cost you more money.
Small claims court fees
Claiming in a small court should be relatively low cost. However, the exact amount you pay depends on the size of your claim – the larger this is, the higher the fee. Note that if your case goes to court, you will also pay a hearing fee.
You will only get your fees back if you win. If you lose, you may also have to pay expenses for the other side.
If you have a low income or receive certain benefits, you may be able to apply for help with fees through the government website. You should do this before you make your claim.
In England and Wales, court fees are as follows: