How To Make a Claim

Before contemplating going to law, give the person or firm you're in dispute with a chance to settle. Then, if you are getting nowhere, send a letter threatening court action. State that if they have not settled to your satisfaction by a certain date (say within 7 or 14 days) you will issue a claim in the county court.

In England and Wales, you can go to any county court to start the action.

• Ask for a Claims Form and its notes for guidance.
• Fill in the form and return it to the court.
• The fee for issuing a claim will be between £30 and £120, depending on the amount of money you are claiming, or £400 if you are claiming for something other than money. You can claim this fee back from your opponent, if you win your case.

It is possible to take a claim of more than £5,000 down the small claims track, but only if the defendant agrees with your suggestion and the judge thinks your claim is sufficiently straightforward.

The court will send the defendant the necessary papers. The defendant must reply within 14 days, and can apply to have up to 28 days to send in a defence. If there is a hearing, it may be in the court for the area where the defendant is based.