- If you are owed up to £10,000, the small claims court process may help
- The small claims court is not free, although you may be able to claim costs back
If a person or company has cost you money, perhaps because of an unpaid debt, broken promise or bad service, one option is to go to the small claims court.
The idea of the small claims court is that it is a simple, low-cost way to hear claims of up to £10,000 without the need to hire expensive lawyers.
But the small claims court is not a physical type of courtroom. It is one part, or ‘track’, of the county court system. This is a civil court, as opposed to criminal.
Although the small claims court is meant to be open and accessible to all, there are some limitations and possible pitfalls to be aware of.
Here is everything you need to know about using the small claims court.
How much can I claim?
How much you can claim depends on where you live. In England and Wales the limit is £10,000, though some judges will allow claims higher than that.
In Scotland the limit is £5,000, and in Northern Ireland it is £3,000.
For claims above any of these amounts, claimants need to use the higher ‘tracks’ of the county court – the fast track and multi track.
A spokesperson for charity Citizens Advice said: ‘You can make a small claim for up to £10,000 if you have a problem with something you’ve paid for – like poor service or a faulty product. You can also make a small claim if you’ve paid for a service or product you haven’t received.’
However, even then a judge can say your claim has to be heard by a higher court.
Consumer experts Which? said: ‘Even if your claim is within the limit, a judge may decide that the case cannot be heard as a small claim if it is deemed to be too complex.’
How do I make a small claims court claim?
You must first make an application for any money you are owed. You can do this online or by downloading and sending off an N1 form.
Claimants have to explain, and prove, their claim, including showing any evidence they can.
The Citizens Advice spokesman said: ‘If you don’t have good evidence, you won’t have a strong claim and it might not be a good idea to start one.
‘Gather together any documents or photographs you have to support your claim. It might help you to list what happened in date order then find evidence to back it up.’
Once you file the claim, the other side normally has 14 days to respond. They may agree to pay out right away.
Otherwise, they can file a defence or an ‘acknowledgement of service’ – basically a formal way of saying they know about the claim.
They then have another 14 days to file their defence.
If the other side does not respond, the court may decide to grant your claim, in part or in full. Otherwise, you will be told a date for the court decision.
Normally this decision takes place in a single day. However, there are currently huge backlogs for cases to be heard.
The wait time is 51.9 weeks on average for a case to reach trial, according to Ministry of Justice figures for the first three months of 2023.
You will probably have to attend a county court in person, to present your case to a judge.
However, you may not have to attend court at all if the judge decides the case can be decided without physical attendance.
If you do not agree with the outcome, you can appeal within 21 days.
How much does it cost?
At the very least there are court fees when using the small claims court.
How much you pay depends on how much you want to claim.
Claims of up to £300 incur a £35 fee, for example. For claims of £1,000 an £80 fee is payable, and for £10,000 claims – the maximum – the charge is £455.
If you win, you get these fees refunded by the opposing side, but you need to pay them upfront.
If you need to hire a lawyer, this can add a substantial amount to the cost of using the small claims court.
Also, if you win, the other side may be told to pay some expenses, such as money spent on travel and any fees for expert witnesses.
However, if you lose the same principle applies.
What are the alternatives to the small claims court?
Ideally, even the small claims court should be the last resort. Before going down the legal route it is best to try to settle the grievance with the other side personally.
If your claim is against a financial firm, the Financial Ombudsman Service may be able to help.
Another court alternative is called mediation, where a professional tries to help broker a solution between both sides without the need to go down the legal route.
You may be asked to do this as part of the small claims court process. It is a good idea to do this.
Not only is court mediation normally free, if you refuse mediation then a judge may count that against you.
If you are on a low income, or get means-tested benefits, you can apply for help with court costs.
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