Housing and accommodation

Small claims court

If someone owes you money and you cannot settle any other way it may be necessary for you to issue a small claim through the County Court. The small claims system is designed to be quick, cheap and easy. The maximum amount you can claim for is £5,000 (£1,000 in cases of housing disrepair) or less and the claim can only be against a person or company in England or Wales.

 

Should I go to court?

Issuing a claim should be your last resort. Before considering such action, ensure that you have taken adequate steps to claim the money from the person who owes it to you. You should have (at least) written a letter to the person owing you, stating how much they owe you and what the money is for. In this letter you should include a warning that you will start court proceedings against them if they fail to settle the debt. It is important that you keep a copy of any correspondence that you send and receive.

 

Will I get my money back?

It is important that you consider this before starting a claim. If the person from whom you are claiming is bankrupt or has no income the court may not be able to assist. Even if the court makes a judgement in your favour they cannot guarantee that you are paid any money owed to you. If the defendant does not pay you will have to ask the court to enforce the judgement.

 

Can I afford to go to court?

When you begin claims proceedings you will have to pay a fee. The amount you are charged will depend on the amount of your claim. For more information about court fees please visit www.hmcourts-service.gov.uk. If you win your case the court fees will be added to the amount the defendant owes you. You may also be able to claim expenses (travel, compensation, for time off work, and so on).

The defendant can:

  • Do nothing, that is, not reply to your claim at all. If this happens you should read leaflet EX304: "No reply to my claim – what should I do?".
  • Admit that the whole or part of your claim is owed. If this happens you should read leaflet EX309: "The defendant admits my claim – I claimed a fixed amount of money"; or
  • Dispute (defend) the whole or part of your claim. If this happens you should read leaflet EX306: "The defendant disputes all or part of my claim".

Money Claim online is Her Majesty's Courts Service internet-based service for claimants and defendants. Money Claim Online is a simple, convenient and secure way of making a claim on the internet. If you decide to start your claim online you should log on to www.moneyclaim.gov.uk.

 

Do I need a solicitor?

Generally people with straightforward claims for money do not use a solicitor. If you use a solicitor you will usually have to pay their costs even if you win your case. If your case is defended (the defendant disputes your claim) you may take a ‘'ay representative' with you to speak on your behalf. Remember that you will need to prove your claim. You will need to provide documentary evidence e.g. letters, tenancy agreement, inventory, photographs, so make sure you have sufficient proof when considering a claim.

 

Where do I start my claim?

You can start proceedings in any county court in England and Wales. You can find the address of your local court in the phone book under 'Courts' or you can visit the website www.hmcourts-service.gov.uk. Most court offices are open Monday to Friday between 10.00am and 4.00pm.

 

How do I start my claim?

To start a claim you must complete a Form N1 (claim form). You can get a claim form free from any county court or by downloading it from www.hmcourts-service.gov.uk.

Although you can start your claim in any county court, it may be transferred to another court if it is disputed (defended). A transfer will take place if:

  • your claim is for a fixed amount of money; and
  • the defendant is an individual who resides or carries on business in another court's area

Once you have filled in Form N1, you should photocopy it and the defendant's notes for guidance so that you have:

  • one copy for yourself
  • one copy for the court; and
  • one copy for each defendant you are claiming from

 

What happens next?

Whether your claim has been issued online or through the county court, a copy of the claim form and a 'response pack' will be posted to the defendant. The response pack contains the forms, which the defendant can use to reply to the claim. These are:

  • an admission form
  • a defence form; and
  • an acknowledgement of service

The court will send the claim form and the response pack to the defendant by first class post.

When the defendant receives the claim they can do one of three things:

The defendant can:

  • Do nothing, that is, not reply to your claim at all. If this happens you should read the leaflet EX304: "No reply to my claim – what should I do?".
  • Admit that the whole or part of your claim is owed. If this happens you should read the leaflet EX309: "The defendant admits my claim – I claimed a fixed amount of money"; or
  • Dispute (defend) the whole or part of your claim. If this happens you should read leaflet EX306: "The defendant disputes all or part of my claim".

 

Further help and advice

If you would like further information or advice on the small claim procedures contact your local court or visit www.hmcourts-service.gov.uk.