Small Claim

Small claim is the legal less formal procedure to get refund or give your money back for faulty good or low quality service. There are a lot of different situations when you are able to use Small Claim Court to get money back or reimburse your losses.

No more then £10,000 could be claim in Small Claim Court and £1,000 for personal injury. 

Procedure and amount is differ in Scotland and Northern Ireland. In Scotland and Northern Ireland the small claim's threshold is £3,000.

You could claim against:

  • company registered as LLP, LLC. For instance, online store, Internet Service provider, laundry service or garages, builders and etc.
  • self-employed using his trader’s name
  • partnerships like LLP

You able to claim online over the service MCOL only if you know exact amount.  

Don’t forget to check whether claim is suitable for MCOL.  There is EX301 guide that help to define suitable case for MCOL.

If amount of money is unspecified you able to claim via post by completing from N1.

Pros and Cons Small claim court process

Pros:

  • You can start small claim online on web site MCOL.
  • Cheapest way give you money back Court fee is several times lower then standard court fee. But fee depend on claiming amount.
  • Fastest way to get refund. All terms are clearly define from filing claim court till hearing. 
  • There is free telephone mediation service. Trained mediator could settle out the case.
  • You don’t need any juridical education to handle small claim lawsuit because all guides were written in plain language and it is easy to understand.

Cons:

  • There is limited amount of money for claiming – £10,000 GBP.
  • If you use a lawyer or solicitor you couldn’t claim their fee in the court except small fixed legal fees, which amount difined in CPR 45.2
  • Additional fee for the small claim court hearing.
  • If you are not native speaker the court wouldn’t provide you a interpreter.
  • There is a risk to get counter-claim. Other part could claim against you either.
  • If you lose a claim defendant  able to claim expenses against you.
  • If you win and defendant wouldn’t refund a money you have to handle it yourself like using bailiff. In this case, you have to pay some fee for this service.
  • It is up to plaintiff to check financial situation of defendant where company/person able to pay or not bankrupt.

How to find guide and form about Small Claim?                        

Trying to find useful information how to start a claim, what form to complete, what is the court fee, how to write a letter before claim and small claim guide you come across a huge amount of website providing such guides for a fee.  Don’t be silly and never pay money for free guide!

All guides related with Small Claim locate on the state web-portal in domain zone gov.uk, like justice.gov.uk, judiciary.gov.uk and etc.

Money is not only reason not to download guides and copy from unknown web-site. You couldn’t be sure 100% that these guides are correct.

Only source you could trust is government web-sites. Don't let anyone to fool you and earn money on your problem!