Consumer rights expert Martyn James runs through everything you need to know about the small claims court, including all the free alternatives you should try first
If you’ve made a complaint to a business and they turn you down, what are your options if you’re still not happy?
Most of the readers I speak to just want a simple, fair and impartial individual or organisation to step in and sort out the problem. However, the idea of going to court terrifies people. That’s because the law is complicated, intimidating and only for the wealthy…
…or is it? While laws are indeed complicated, technical and hard to understand – and the process of making a legal claim may seem intimidating, many disputes can be addressed by the courts relatively cheaply – and you don’t need an expensive solicitor either. Welcome to the small claims court.
Actually, the small claims court is just the term most people recognise. In England, Northern Ireland and Wales, you’re making a County Court claim, while in Scotland you make a claim to the Sheriff Court. But this guide is all about keeping things simple! Fear not – because making a small claim is much easier than you’d think.
Alternatives to the small claims court
Before you rush off to court, check out if there’s a free alternative first! Once upon a time, in deepest, darkest Scandinavia, the Vikings invented the concept of the ombudsman. Ombudsman originally meant “man of the people” – someone who mediated between villages with disputes. Flash forward to the 21 st century and we have lots of free Ombudsman services, helping us sort out everything from problems with your energy bills to disputes over your car.
Ombudsman schemes are free alternatives to the courts, so you don’t incur costs or complications. In short, they are a great way to get a fair hearing without forking out any cash, either in fees or legal representation – and in (almost) all sets of circumstances, you can go to court afterwards if you reject the Ombudsman’s findings. There are loads of different Ombudsman services, including ones who can help resolve disputes about:
- Financial products
- Pensions
- Energy
- Telecommunications
- Legal services
- Local authorities
- Motor vehicles
In addition, other sectors have Alternative Dispute Resolution Service (ADR) schemes. These operate in similar ways to Ombudsman schemes though they may not be able to force a business to follow their rulings if they are being difficult. It’s possible for there to be multiple ADR schemes for some sectors, like the airline industry. This is really unfair and confusing but it’s better than nothing – and you may just find an ADR scheme can sort out your problem without it costing you a penny.
Finally, there are a range of trade bodies and organisations that can help mediate between you and the business if a dispute arises. Most responsible businesses that have signed up to these schemes will explain on their websites how you can get help from these mediation services. However, some major sectors – like retailers or package delivery companies – do not have dispute resolution schemes. This is outrageous, but there are still options…
The small claims court around the UK
There are different processes for making a claim to the small claims court, depending on which of the four countries of the United Kingdom you live in. In addition, there are differences in the amount you can claim. In England and Wales the maximum is £10,000, in Scotland it’s £5,000 and in Northern Ireland it’s £5,000 too.
These maximums relate to the simplest form of the process. There are variations if you are after higher amounts but still don’t want to launch a full-on legal case. You can find out more about making a claim and starting the process here:
Making a claim
Firstly, for small claims, you don’t need to use a solicitor. The whole process can be initiated online and it’s really straightforward to do so. There are fees for issuing a claim in the small claims court that increase in line with the amount you are seeking. These vary by country too – though the links will take you to full lists of the charges or online calculators that will tell you what you’d need to pay.
Costs start for as little as £35 and increase to £455 or a percentage of the total claim at the higher end of the spectrum. Beware leaving the claim amount section of the form blank as this could result in the maximum fee applying. If you’re finding the process difficult, or you don’t want to use online forms, there’s guidance to help you too. Here’s the guide for England and Wales.
You’ll also be given the option of mediation. Tick the box to say you’re open to this as it’s often the quickest way to resolve a dispute. Once the firm sees that you are determined to take the matter further, they often back down at this point. You can still pursue the case if you are unhappy with how mediation goes.
If you decide to use a solicitor, bear in mind that claims made through the small claims court generally mean you can’t recover your costs from the other party even if you win (like solicitor’s fees, for example) but you can get back the court fees you’ve spent. If you lose the defendant can’t claim their costs back from you though, which is nice.
Is it worth it?
Sometimes making a complaint can seem overwhelming and for many people, going to the small claims court might seem like a step too far. But the court exists to help you get justice if you’ve been treated badly by a business. So if you’ve been ripped off or let down by a business or organisation and you know that it’s going to continue to bother you, making a claim can help you get a bit of resolution, even if you don’t win.
Businesses don’t like the risk of having a court judgement go against them, so you may find that just initiating the process of making a claim – or even threatening to do so (be polite but firm) – is enough to make them reconsider their position. I often find businesses make pragmatic decisions about complaints even if they maintain they’ve not done anything wrong. So you may find they are willing to settle.
