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