You can't guarantee that a case will make it to small claims court.

You cannot automatically ask to go to small claims court. There is a small risk that the judge will decide that your case cannot be resolved as a small claims case because it is too complex or the hearing will take more than a day. So be prepared.

You can make a claim for things that happened in the last six years (five in Scotland)

The claim must be made (i.e. a claim form must be issued, not just a letter of complaint sent) within the limitation period (generally six years from the time your right to make a claim arose in England, Wales and Northern Ireland and five years in Scotland).

Ghid Curtea Dispute Mici

Q: You don't need a lawyer.

In all but the most complicated cases, you should not need the help of a lawyer. The small claims system is designed for this.

In this guide

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Judecătoria pentru dispute mici(small claims)

Rezolvarea disputelor de consum în mod legal

Edited by Adrian Defta

Court claims (formerly known as ‘small claims’) are a simplified way of taking legal action for up to £10,000 against a business or individual in the UK. However, make sure you have a strong case before you start, as new fees mean you’ll now pay twice as much if you lose. This guide explains how to make a claim, whether it’s the best option and how to maximise your chances of winning.

While every effort has been made to ensure the accuracy of this article, it does not constitute legal advice tailored to your individual circumstances. We cannot assume responsibility and accept no liability for any damage or loss that may arise as a result of reliance on this information.

What is considered a small dispute?

There is no such thing as a "small claims court". In fact, it is just the name used for simpler legal claims (the general rule is that they would take less than a day to resolve) for amounts under £10,000.

The main advantages are that you can apply online, they try to keep the process as informal as possible, and you don't need a lawyer. Additionally, some court claims remain undefended, meaning you simply win without doing anything. And if you lose, the costs that can be imposed against you are usually limited.

De știut despre pretențiile in curte

The rules for flight delay compensation have remained the same after the end of the post-Brexit transition period, as the Government has incorporated EU261 regulation into UK law, so you will have the same coverage as you would have had the UK remained in the EU. You can readthe details here (https://www.legislation.gov.uk/uksi/2019/278/pdfs/uksi_20190278_en.pdf). There is one difference though – you will now be paid in pounds sterling instead of euros if you make a claim under UK law. Covered flights include those: • Departing from the United Kingdom • Arriving in the UK with an EU or UK carrier • Which arrive in the EU with a UK carrier

Depending on your travel insurance policy, you may be able to claim compensation from your insurer when the delay is not the airline's fault. Check the terms and conditions of your policy to see what situations it covers. Here are some examples of what the main insurers offer. Whether or not you will receive compensation will depend on the cause of the delay: • Aviva and LV's Premier policy will give you £25 for every 12-hour period you are late, up to a maximum of £250. • Churchill and Direct Line will offer you up to £200 if you are delayed for more than 12 hours. You may also receive money to cover hotel costs or alternative transportation to get somewhere, although airlines are required by law to provide this if your flight is delayed for more than two hours.

Taking legal action should not be your first attempt to obtain compensation. You must be able to show that you have tried to resolve the issue before going to court – if you cannot, the court may penalize you. The court will expect you to have already made your request in writing, giving the other person a reasonable amount of time to respond (you should specify a deadline in your letter of complaint). You should also warn them that you will take legal action if they do not respond within the time limit. You never know, just mentioning this could be the push they need to pay.

Even if you feel like you want to have your day in court, don't rule out the possibility of succeeding during "mediation." An hour of mediation is now a mandatory step in the process of making a claim to court. You will be contacted by the Tribunals Service, which deals with monetary claims under £10,000. There is no cost for this as it is covered by the initial fees. Since most cases are resolved over the phone, it saves time and money compared to going to court.

Going to court should always be a last resort, so first try to lodge your complaint with an ombudsman or watchdog, which are designed to protect consumers. Ombudsman services are completely free, so there is no risk of being charged any costs, meaning you have nothing to lose. As well as looking at the legal aspects, an ombudsman will also consider good industry practice, giving you a better chance of success. • Ombudsman services and similar organizations deal with individual complaints, but you should first try to resolve the issue with the company on your own. • Oversight bodies typically do not have the power to force a company to take action or resolve individual complaints. However, they encourage consumers to file complaints so they can identify areas that may require further investigation.

If your claim exceeds this amount, you are less likely to have it settled in small claims court, which is by far the easiest way to make a claim. If the amount claimed is just over this limit, consider reducing the amount claimed to £10,000 (even if your previous letters asked for more). For claims exceeding the new £10,000 limit, you are likely to end up in what is called the "fast track" or "multi-track" system, which is more formal and for which you will probably want to seek legal advice before proceeding with your claim. See the Courts Service (https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service)for more information about larger claims and how to find your local court. In Scotland, the limit for small claims (known as the "Simplified Procedure") is £5,000, while in Northern Ireland it is £3,000. In the rest of Europe, the limit is €5,000, using the European Small Claims Procedure (see the UK International Consumer Centre (https://www.ukecc.net)for more information).

If the person or company you filed the claim against doesn't respond within 14 days, you can ask the court to issue a "default judgment." If this happens, you could win your case by default. Don't rely on this, though, just know that it's an option. If you are requesting a fixed amount and are able to seek a default judgment, it will be for the amount requested. However, if you request an unreasonably inflated amount, you will put the person or company in a better position to ask the court to set aside the judgment.

Make sure you check if the store or person has the money to pay before going to court. If not, taking them to court can be a waste of time. If it's been a particularly tough fight and the business or person hasn't budged at all during your claim, it's worth taking a step back and considering whether they'll ever pay. Unfortunately, even if you win in court, this doesn't mean you'll automatically get your money. When it comes to companies, a small percentage of shady companies will do everything they can to avoid paying, even if you send the bailiffs after them. One way to check a company's history is to do a search for judgments on the Registry Trust (https://www.trustonline.org.uk). The cost starts at £6 and can help you decide whether it's worth pursuing the claim.

If you win, remember that the amount awarded by the judge may not necessarily be what you originally requested. You will receive what you are legally entitled to, which may be the amount you requested or less. The purpose of compensation is to put you in the same financial position you would have been in if the person or company had not acted in the way you are complaining about. It is not to make a profit from this situation.

Is your complaint genuine?

Before you do anything else, take a step back and think about whether you have a genuine claim. If your claim goes to court, the judge will be looking to see the accuracy of your claim and, more importantly, whether you are telling lies – including exaggerations. If the judge finds that you are doing this, you will not win, so be honest with yourself. Ask yourself:

Was I really wronged?
Can I afford the process?
Deserve?

If the answer to all three questions is "yes," then, and only then, should you consider starting small claims court. There are forms to fill out and it will take time, so it's not something to be approached lightly.

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What can I file a lawsuit for?

"SportsDirect.com did not refund my shipping costs for returning products they sent incorrectly. The day after I submitted my claim I received an email from them. I think some of these companies need a reminder that not all customers give up if they receive poor service." Ionel

"I was finally reimbursed by JA Bathrooms. I ordered and paid for goods in December 2021 and after much confrontation I filed a court action through Money Claims On Line. The action was contested one day after the deadline and therefore a judgment was given in my favour. I finally received payment in two instalments from the court (funds transferred by JA) for the original amount plus court and bailiffs' costs. It may take time, but anyone in a similar situation should not hesitate to file a claim in small claims court. " Codruț

A few things to try first

Have you tried to return defective products to the store, only to have your claim rejected? Remember that you are a consumer and you have rights, regardless of whether you purchased goods or services. Know your consumer rights before you go ahead with a claim in court.

If you have a problem with a financial services company, you can file a complaint with the Financial Ombudsman Service. You have nothing to lose by using the ombudsman – it’s free, so even if the ombudsman decides against you, you won’t be any worse off than if you hadn’t filed a complaint.

Quick questions

• Compensation for defective services provided by builders, dry cleaners, garages, etc. • Compensation for defective goods, for example, televisions or washing machines that break down. • Disputes between landlords and tenants, for example, rent arrears or compensation for failure to carry out repairs. • Tenants claiming against their landlords for repairs or other work to be carried out, where the cost of the work is £1,000 or less. • Wages owed (such as, freelancers not being paid), or money in lieu of notice. Claiming for flight delays? Court is not always necessary, see the Flight Delay Compensation Guide.(https://www.proveitweb.co.uk/oz/ghidflightdelayed)

You cannot file an application online if the defendant's address is outside England and Wales. Sometimes you will need to get permission from the court to send the application form. There are special procedural rules that must be followed, and the situation can sometimes be a little complicated, so you may need to seek the advice of the court. There is a special procedure for cross-border European claims (for example, you are hit from behind at traffic lights in Rome and want to make a claim here). The limit for a claim is €5,000 using the European Small Claims Procedure (see the International Consumer Centre in the UK (https://www.ukecc.net/)for more details). There is a standard claim form that you can file through the county court. If you win, they will be ordered to pay your costs, which may include translation fees. In Scotland, the maximum amount for small claims is £5,000, while in Northern Ireland it is £3,000.

You can sue in court for most breach of contract cases (but remember that winning is another matter), but it will be judged based on the law.

The process is the same whether you're suing an individual or a company. So whether you're seeking compensation for a faulty washing machine from a well-known company or for work done by a shoddy handyman your friend recommended, you could end up in small claims court.

Will it work?

Some MSE forum members have had success with their claims in court. In most cases, the companies involved paid before it even got to the hearing stage, so it may be worth a try.

Cât costă taxele pentru cererile în instanță?

Acum, întrebarea esențială – cât de mult mă va costa acest proces? Dar înainte de a începe, există un punct cheie de menționat...

Dacă câștigi cazul tău, nu te va costa nimic.

Iată cum funcționează:

Plătești o taxă inițială. Dar dacă câștigi, nu te va costa nimic, deoarece vei recupera taxele plătite. Dacă pierzi, nu le vei recupera – așadar, fii realist cu privire la cererea ta inițială.

Taxă inițială pentru cerere - pentru a începe cererea ta:

£40 Court Assignment Fee – to take the claim to court (if the claim exceeds £1,500).

£25 - £335 Hearing Fee – paid if and when your case reaches court (when done online).

Step-by-step help for filing a lawsuit

Don't panic, this process won't end up looking like an episode of "Judge John Deed." You don't even have to take an oath. But you will have to declare that what you wrote is true, and lying could get you in trouble. In fact, you may never even make it to court.

Filing a lawsuit is often just a matter of filling out an online form or submitting one to the court. Sometimes, the simple act of doing so will prompt a company to settle the matter (assuming you have a strong case).

In many cases, the plaintiff and defendant may be the only witnesses. If you have other witnesses who support important parts of your evidence that the other side disputes, then it is very important that they attend the final hearing with you. Judge Stephen Gold says: “ If you are relying on witnesses to support your case, then take them with you. It is usually not enough if there is a dispute over the facts to present only a witness statement and not present the witness who made it. After all, the judge cannot ask questions and the other party cannot cross-examine a piece of paper. Focus on the important issues and do not get distracted. You will have the opportunity to ask questions of the other party and any witnesses they may have, so it is a good idea to think of a few questions in advance that might expose or highlight weaknesses in what they are saying. ” What do I do if my witness cannot get time off work? If a witness has difficulty getting time off work, it may be helpful to send them a witness subpoena to show to their boss. The court can explain how to do this. If you want to use an expert witness, you must first obtain permission from the court. The court may order that the expert be appointed jointly with the other party to the case, and that the expert's fee be initially split between both parties.

1. Prepare the case

It is important to prepare your case carefully. Remember that the court must be convinced by what you say. Here are some tips...

It’s time to get started! If the defendant decides to defend your claim, they have 14 days to respond. When their defense is returned to the court, you will be sent an instruction questionnaire, which must be returned no later than the date specified on it. The court will use the information provided in the instruction questionnaire to decide which path the case will be assigned to.

2. Completează detaliile cererii (de obicei se face online)

Partea esențială a cererii tale implică completarea unui formular numit "Particulars of Claim" (în Scoția se numește "Simple Procedure Claim"). Aceasta este o declarație în care spui partea ta de poveste. Trebuie să incluzi toate detaliile despre ceea ce reclami și de ce.

În Anglia și Țara Galilor

Folosește noul serviciu online sau site-ul Moneyclaim. Există o taxă inițială între £35 și £455, în funcție de valoarea cererii tale, care poate fi plătită cu cardul de credit sau debit. Instanța va dispune, probabil, ca această taxă să îți fie rambursată de cealaltă parte dacă câștigi, dar nu dacă pierzi.

Dacă nu ai un card pentru a plăti, obține documentele (formularul N1) pentru a începe cererea de la instanța locală de județ și plătește acolo, prețul este același. Taxele pot fi scutite dacă beneficiezi de ajutoare sociale (vezi pliantul EX160 „Trebuie să plătești taxe?” pe site-ul Serviciului Instanțelor și Tribunalelor HM).

În Scoția

Pentru a începe o cerere online în Scoția, accesează Civil Online.

În Irlanda de Nord

Folosește serviciul online al instanțelor din Irlanda de Nord.

3. Începe acțiunea în instanță

Trebuie să trimiți sau să duci două copii ale formularului de cerere la instanța unde vrei să începi acțiunea în instanță (orice cerere de bani trebuie emisă la County Court Money Claims Centre, alte cazuri pot fi emise la instanța locală), și asigură-te că păstrezi o copie suplimentară pentru propriile tale înregistrări. De asemenea, trebuie să trimiți sau să aduci taxa de instanță.

Instanța va ștampila formularul de cerere și, în cele mai multe cazuri, îl va trimite pârâtului. Îți va oferi un document cu numărul cazului pe el (numit aviz de emitere). Dacă dorești să îl trimiți personal, poți cere instanței să ți-l înapoieze după ce a fost ștampilat.

Apoi, vor exista două rezultate...

Cererea ta NU este apărată

Rezultat! I-ai speriat suficient încât să îți plătească banii fără a mai fi nevoie să ajungi în instanță. Dar totuși ar putea fi necesar să mai faci câțiva pași.

Dacă pot plăti banii imediat, este minunat, aceștia ar trebui să îți fie trimiși direct. Dacă îți spun că au nevoie de timp, va trebui să ajungeți la o înțelegere, însă de data aceasta este responsabilitatea pârâtului să completeze formularele (va trebui să trimită un formular la instanță solicitând hotărâre pe baza recunoașterii). Dacă nu respectă această înțelegere, poți lua măsuri legale împotriva lor forțându-i să plătească.

Dacă nu accepți oferta lor, trebuie să oferi motivele tale. Un oficial al instanței va decide ce înțelegere este rezonabilă.

Instanța va trimite ambelor părți un ordin de plată. Dacă nu ești mulțumit, ar trebui să scrii instanței oferind motivele tale și trebuie să trimiți o copie a scrisorii către pârât. Un judecător va decide apoi ce este rezonabil ca pârâtul să plătească. Dacă pârâtul nu respectă înțelegerea, din nou poți lua măsuri de executare.

Cererea ta ESTE apărată

Dacă pârâtul decide să îți apere cererea, acesta are la dispoziție 14 zile pentru a răspunde. Când apărarea lor este trimisă instanței, ți se va trimite un chestionar de instrucțiuni, care trebuie returnat nu mai târziu de data specificată pe acesta. Instanța va folosi informațiile furnizate în chestionarul de instrucțiuni pentru a decide pe ce cale va fi alocat cazul.

4. Go to court

If the court decides to assign the case to small claims, both you and the defendant will receive a notice of assignment, which will tell you what you need to do to prepare for the final hearing (for example, you may be required to send copies of all documents you intend to use in court to both the court and the other party at least 14 days before the hearing date).

Make sure you follow these instructions. If you don't, your case could be delayed and you may have to pay all of the costs of the case. Also, in some cases, if you haven't followed the instructions regarding the filing of documents and witness statements, the court may refuse to allow you to rely on them and will continue to hear the case without your evidence.

The notice of allocation will usually specify the time, date and place where the hearing will take place, as well as how much time has been allocated for it.

Read all documents

Once your case has started, make sure you read the documents you receive from the court, such as the instructions. These will likely tell you to prepare written statements of your evidence and any witnesses who can support important parts of your evidence that are likely to be challenged by the other side, and to send them to the court and the other party within a specified period of time before the hearing. Don't fall into the trap of just writing down the date of the hearing and nothing else.

Judge Stephen Gold

What happens in court?

In court, you will present your case. It is important to remain calm and present your case in a rational manner so that the judge has the opportunity to hear why you believe you have been wronged and what damages you are seeking and why.

Although it may seem intimidating, you won't be watched by a 12-person jury, international media, court officials, and interested members of the public.

This is not a criminal trial; it is likely to take place in a small room, with just the judge and administrative staff, plus you and the defendant.

Don't be afraid.

"Going to court can be an intimidating experience for many, but there is nothing to fear. Most of the time, small claims are heard in a room that resembles an office (not the kind of courtroom you see on TV), and the judge will do his best to make you comfortable."

Judge Stephen Gold

Go through the details of the case and say what methods you have already tried to resolve the case. The more effort you put into it before going to court, the more the judge will see that you did not file the lawsuit on impulse.

It's also important not to get angry. If you're at a small claims hearing, you may be frustrated that you couldn't get your money back from the shop/tradesman, but the judge won't look favorably on the situation if you're visibly angry. State the facts of your case calmly and wait for the judge to decide...

Quick questions

5. Get a ruling

If you attended the hearing, at the end of the hearing the judge will make a decision and give you the reasons for this decision. If you do not attend the hearing, you will receive a letter with the decision.

If you are not satisfied with the judge's decision, you can appeal against it, but only if the court made a mistake of law or there was a serious irregularity in the proceedings. You will need permission from a judge to appeal.

If you want permission to appeal, you must request it when you lose and, if it is refused, request it again in the notice of appeal, which must be received by the court within 21 days of the date of the decision, unless the court has set a different deadline.

For more information on how to make an application, read the HM Courts Service guide. We also ask that you share your stories with us so that others can see how it works.

Can we help you? Tell us your problem and we'll give you our opinion for free. Write to us at:

Adrian@proveitweb.co.uk

6. Execută hotărârea (dacă persoana care îți datorează bani nu plătește)

După ce ai fost în instanță și ai câștigat, este posibil să fie necesar să "executi o hotărâre" pentru a obține banii care ți se datorează. Va trebui să te întorci la aceeași instanță și te va costa bani.

Solicitarea ca cineva să se prezinte în instanță costă £50, iar celelalte măsuri costă £100 fiecare, așa că merită să calculezi ce poate plăti persoana sau compania respectivă.

Dacă banii sunt datorați de o persoană fizică, poți cere instanței să ordone debitorului să se prezinte pentru a oferi dovezi despre veniturile sau cheltuielile sale. Dacă este vorba despre o companie, poți solicita ca un ofițer al companiei să se prezinte în instanță pentru a furniza detalii despre contul companiei. După aceea, poți decide ce trebuie să faci pentru a-ți recupera banii. Ai patru opțiuni:

1. Trimite executorii judecătorești pentru a colecta plata
Poți cere instanței să folosească executorii judecătorești pentru a colecta banii, fie completând un formular de executare, fie folosind Money Claim Online. Executorul va cere plata în termen de șapte zile și, dacă datoria nu este achitată, va vizita locuința sau afacerea persoanei pentru a vedea dacă există bunuri care pot fi vândute pentru a achita datoria.

2. Obține deducerea banilor din salarii
Poți cere instanței să trimită o ordonanță angajatorului persoanei pentru a deduce bani din salarii pentru a achita datoria. Pentru a face acest lucru, va trebui să completezi o ordonanță de atașament asupra câștigurilor.

3. Îngheață bunurile sau banii dintr-un cont
Instanța poate îngheța banii din contul bancar sau din contul de economii al persoanei (sau din contul unei companii). Pentru a face acest lucru, va trebui să completezi o ordonanță de datorii ale terților. Instanța va decide dacă banii din cont pot fi folosiți pentru a achita datoria.

Impunerea unei sarcini pe terenul sau proprietatea persoanei

4. Poți cere instanței să impună o sarcină pe terenul sau proprietatea persoanei/companiei. Pentru a face acest lucru, va trebui să completezi o ordonanță de sarcină. Dacă terenul sau proprietatea este vândută, aceștia trebuie să plătească această sarcină înainte de a primi banii.

Guide created by Adrian Defta based on his experience and official sources of information (MSE, FCA, FOS, HMRC, etc.)

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Judecătoria pentru dispute mici(small claims)

What is considered a small dispute?

De știut despre pretențiile in curte

Have the rules changed since Brexit?

Does the delay have to be the airline's fault to be eligible for compensation through my travel insurance?

Court action should be the last resort

You might be able to resolve the issue during mediation.

You can't guarantee that a case will make it to small claims court.

Consider an ombudsman or oversight body

Keeps claim under £10,000 in England and Wales (different limits elsewhere)

You don't need a lawyer.

You can make a claim for things that happened in the last six years (five in Scotland)

You can win by not showing up.

If the person or company has no money, taking legal action will not help you.

You won't necessarily receive the amount you requested – even if you win

Subscribe to Newsletter

What can I file a lawsuit for?

The most common types of small disputes:

Is there anything you can't sue in small claims court for?

What happens to cases outside the UK?

Do you receive social assistance or do you have a low income?

Can I claim expenses if I win?

Cât costă taxele pentru cererile în instanță?

Do you receive social assistance or do you have a low income?

Can I claim expenses if I win?

Step-by-step help for filing a lawsuit

Do you want the advice of a well-informed person?

Prepare damaged or defective products to show/present as evidence

Prepare proof of expenses and take all receipts with you

Take witnesses (if you have any) with you.

Do you receive social assistance or do you have a low income?

Can I claim expenses if I win?

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