The small claims court is where people go to seek compensation for services or property, without the need for a solicitor. In some cases, however, having a solicitor can be helpful. A lot of law offices offer no win, no fee services for the small claims court. You do not have to pay them unless you win the case.
When you file a claim, with the exception of a personal injury claim, the compensation you seek has to be less than or equal to 10,000 pounds.
If the personal injury claim is above 1,000 pounds, you have to go to another court. If you need any assistance, you can turn to your local Citizens Advisory Bureau. They will answer your questions if you have any, as well as direct you to the right jurisdiction.
Some of the most common cases filed in a small claims court include breach of contract, faulty products, faulty services, damages to personal property, and unpaid wages among other disputes.
Then again, before you file a claim, you may want to brush up on your knowledge regarding the terms used in the court filings and proceedings. You also need to fill up an N1 claim form. See to it that you include all the important details of your case, including the name of the defendant, how much money is involved, etc.
As the claimant, you have to describe your case in detail. If necessary, you may use another sheet of paper and attach it on the form.
Once you are done filing, the court will send you and the defendant a stamped copy of the form. You will see the court case number on your copy. You have to take two copies of this form and send it to court.
You have to submit it to the county court unless you are trying to get a sum of money. If that is the case, you have to take it to the County Court Money Claims Centre.
If the defendant does not live within the country, the form will be sent to his country. You also have the option to personally give the claim, along with other papers, to the defendant. If you have further details that you need to add to your claim, you can send them up to fourteen days after your initial notice was served.
Then, the defendant has up to fourteen days to respond once he gets your issue of notice. The defendant can either agree with the claim or defend it.
If the defendant does not respond during this time, the court treats that as an agreement with the claim and gives the claimant what he wants.
Anyway, before you file the N1 form, you may want to directly resolve the matter with the other party in order to avoid all the hassles involved with filing a claim.
You may also seek help from a mediator. If the matter remains unresolved, you can include in your claim form that you have tried to resolve the matter but was not successful.