Making a claim
If someone owes you money and you cannot settle things in any other way, you may decide to issue a claim through the county court. People also issue claims for other reasons see below.
County courts deal with all these types of claim or 'small claims courts. Going to The small claims court should always be the last resort. There are now a number of other ways of sorting out complaints, disputes and legal problems without court action, including arbitration, mediation and ombudsmen schemes.
see: Methods of dispute resolution Alternative Dispute Resolution (ADR)
If you are determinged to make a small claim then this can now be issued online
see: Making a Claim
What can be recovered:
Unpaid bills (commercial sales)
Unpaid bills (private sales)
Refunds of: Rental deposits for private and commercial property
Overpayments of utility bills or for goods and services
Payments made in advance
Outstanding loans (private or commercial)
Outstanding hire purchase or leasing charges
Property rental
As a general rule, if someone owes you money and are refusing to pay-up you have a legitimate claim.
What you need
Proof that the debt exists - either in written form or substantiated with reliable witnesses.
Problem areas:
Insurers will usually pay out - unless something has gone wrong. The usual problems are:
If it is a third party claim - inertia or untruths from the other party.
If it is a claim from your own insurer - lack of understanding, inertia, corporate confusion or internal politics.
Solutions:
Detailed documentation of the claim and a very firm approach to all parties.
What is required:
Small Claims require as much information as possible. We make no apologies for being extremely detailed - we know it will save time in the future. Accordingly, you will need
to assemble policy documents and schedules, quotes estimates for repairs or replacements, police incident numbers or independent witnesses. Every claim is different.
Accident and injury claims:
Many compensation claims are made in respect of personal injuries caused by someone's negligence. The success of an injury claim depends upon accurate evidence of
negligence coupled with the ability of the negligent party to pay the compensation - usually via an insurance company. Most injury claims include:
- Accidents at work
- Tripping and slipping accidents
- Sporting accidents
- Accidents at college or school
- Injuries by animals
- Clinical negligence
- Home accidents
The Small Claims Track provides for injury claims below £1,000.00 - this being the level below which costs are not recoverable. If you believe that you have an injury claim for a figure above £1,000.00 please email us the details at admin@small-claims.co.uk
Other areas of claim:
Non-injury compensation claims referred to the Small Claims Courts are usually for:
Loss of use caused by negligence or avoidable damage.
Loss of earnings or profits as a result of poor or non-existent services or obstructive behaviour.
Replacement of worn or damaged property.
Most frequent problems:
Claims for poor workmanship are usually in the following areas:
Shoddy or incomplete building work.
Supply of goods not fit for the purpose they were sold for (statutory rights).
Failure to replace or repair goods under the terms of a guarantee.
Solutions:
Evidence must be assembled which clearly and irrevocably demonstrates that there are deficiencies. Small Claims can then submit a claim to the other side with a proposal for a solution. If a solution cannot be reached we will prepare and execute the necessary Court Documents and initiate proceedings.
What is required:
Every claim in respect of poor workmanship has its own peculiarities. Some are very straightforward but most require very careful preparation. Small Claims will require as much information as possible in order to progress matters. Please forward your query - we will tell you exactly what you will need.
Non Delivery of Goods or Services
What can be recovered:
Payments made in advance for goods & services which are not supplied
Compensation for time lost while waiting for deliveries
Compensation for lost profits resulting from the failure to deliver
Lost interest on the outstanding sum of money
The cost of telephone calls and postage in trying to effect delivery or obtain a refund of any advance payment
As a general rule, if you have made a payment to someone who has failed to deliver the goods or services for which you have paid and they refuse to either deliver or make a refund you have a legitimate claim.
What you need
Proof that the debt exists - either in written form or substantiated with reliable witnesses. If in doubt
Employment Issues
What can be recovered:
Many employment problems can be rectified using the Employment Tribunal system. However, some cash-related problems are best settled using the Small Claims track:
Self Employed workers who are not paid their contracted fees.
Tools or personal equipment being withheld by the employer.
Damage to personal property while in the care of an employer.
Minor injuries at work.
As a general rule, if an employer owes you money or property and is refusing to pay-up you have a legitimate claim.
What you need
Proof that the claim exists - either in written form or substantiated with reliable witnesses. If in doubt
Small Claim forms 2012 (downloads)
- Making a small claim? Some questions to ask yourself
- How to make a claim
- Debt recovery for businesses
Stage 2: The defendant's response
- A claim has been made against me - What should I do?
- No reply to my claim form - what should I do?
- The defendant disputes all or part of my claim
- The defendant admits my claim - I claimed a fixed amount of money
- The defendant admits my claim - I did not claim a fixed amount of money
- The small claims track
- The fast track and the multi track
If you have delayed issuing proceedings for any reason, you may wish to seek legal advice before issuing your small claim.
{Please note the above forms are copyrighted to HMCS}
- Need small claims forms for Scotland? see Small Claims Forms
- Need free legal advice from your CAB see Citizens Advice Bureaux