PA and Secretary Fact Sheet – Small Claims
Small Claims Fact Sheet
Small Claims Fact Sheet Objectives
- Introduction to Small Claims
- How to take Court Action
- What happens next in a Small Claims application?
- Does it cost money to take someone to Small Claims?
- Working out the interest on a Small Claims request
- You’ll have to go to court if…
- 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
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.
