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Small Claims Fact Sheet


Small Claims Fact Sheet Objectives

  1. Introduction to Small Claims
  2. How to take Court Action
  3. What happens next in a Small Claims application?
  4. Does it cost money to take someone to Small Claims?
  5. Working out the interest on a Small Claims request
  6. You’ll have to go to court if…
  7. After the Hearing

1 Introduction – Small Claims

You can take court action against someone who owes you money and won’t pay. This is known as making a court claim. It can also be known as taking someone to a ‘small claims court’.  You usually have to pay a court fee, and you may not win your case or get your money back.

2 How to take Court Action

The government has tried to make the process as easy as possible. The easiest way to claim it be completing the form online

https://www.gov.uk/make-money-claim-online

You can use this service to claim:

  • For a fixed sum under £100,000
  • Against no more than 2 people or organisations

Small Claims fact sheet for administrators

 

3 What happens next in a Small Claims application?

  • If they deny owing you money, you may have to go to court.
  • You can get the court to order them to pay if they admit owing the money or don’t respond.
  • If they still won’t pay, you’ll need to ask the court to take extra steps to collect the money – e.g. using bailiffs. This is called enforcing a judgment.

4 Does it cost money to take someone to Small Claims?

  • Yes! It costs money to go to submit a small claims application.
  • The fee is based on how much you are claiming + interest
  • Using the Money Claim Online is cheaper than sending in the form.
amount Sending the form to court centre Using Money Claim Online
Up to £300 £35 £25
£300.01 to £500 £50 £35
£500.01 to £1,000 £70 £60
£1,000.01 to £1,500 £80 £70
£1,500.01 to £3,000 £115 £105
£3,000.01 to £5,000 £205 £185
£5,000.01 to £10,000 £455 £410
£10,0
00.01 to £100,000
5% of the value of the claim 4.5% of the value of the claim
£100,000.01 to £200,000 5% of the value of the claim You can’t claim using Money Claim Online
More than £200 000 £10 000 You can’t claim using Money Claim Online

5 Working out your small claims interest

  • The interest you can charge if another business is late paying for goods or a service is ‘statutory interest’ – this is 8% plus the Bank of England base rate for business to business transactions.
  • You can’t claim statutory interest if there’s a different rate of interest in a contract.

After you have submitted your small claims

  • The person or business who owes you money must respond to your claim within 14 days of receiving it.
  • If you don’t get a response, you’ll have to ask the Court to order them to pay. You do this by continuing with the Money Claim Online form.

If you do get a response – YIPPEE!

  • Tell them you are withdrawing your claim and also tell the Money Claim Online help desk.

6 You’ll have to go to court if…

  • The person or business says they don’t owe you any money.
  • They disagree with the amount.
  • You can’t agree on how the money will be repaid.
  • The court will send you a questionnaire asking for more information on the case. Fill this in and return it to the court.

This will incur additional costs.

  • If your case is a small claim, under £10,000, it can be dealt with using written evidence, and not need a hearing.

If there is a hearing you can:

  • Represent yourself
  • Pay for a barrister or solicitor to represent you
  • Ask someone to speak on your behalf, like your partner or an advice worker – you must get the court’s permission

7 After the Hearing

  • You’ll receive a letter from the court, stating its decisions, and any actions you need to take.

Additional Resources

  • I highly recommend using your local Citizens Advice Bureau for additional advice and support.
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