Small Claims Court limit

[Gemby]

Hello, I just need some clarification on a small claims court matter.

As I understand it the claim limit is £10,000
I am looking to make a claim for £9,993.21
This attracts court fees of £410 making a total claim of £10,401.21
Would this still qualify for small claims court?
Do the court fees get included in the claim amount?

Thanks in advance...

[jaguarsuk]

Hello, I just need some clarification on a small claims court matter.

As I understand it the claim limit is £10,000
I am looking to make a claim for £9,993.21
This attracts court fees of £410 making a total claim of £10,401.21
Would this still qualify for small claims court?
Do the court fees get included in the claim amount?

Thanks in advance...

I would say so as the fee is added after the claimed amount.

Just to let you know £410 is the issue cost and there may be a further trial fee of £335 if it gets that far.

There often other usually free ways of complaining about things before having to issue a claim, perhaps more info might reveal a better route.

[Gemby]

Hi JAGUARSUK and thanks for your reply.

This court action is a culmination of two years of arguments and battles over works needed to my flat.
Believe me when I say that I have tried all reasonable avenues open to me.
The fact remains that the person in question lives in a different dimension and I believe that court is the only way to get through to him!

[jaguarsuk]

Hi JAGUARSUK and thanks for your reply.

This court action is a culmination of two years of arguments and battles over works needed to my flat.
Believe me when I say that I have tried all reasonable avenues open to me.
The fact remains that the person in question lives in a different dimension and I believe that court is the only way to get through to him!

So when you say that works need to be done, is the sum you are claiming for the value of what needs to be done?

[Gemby]

The sum I am claiming for is to pay for works already carried out on my flat to rectify damp issues (along with some loss of rent).
The Defendant in the case is the Freeholder of the block of flats. Under the terms of my lease, they are responsible for the fabric of the building. This includes the damp proof course.
They have already made a payment of £2000 towards these works (therefore admitting liability). I am just trying to reclaim the rest of the moneys that I have paid out.

[R0b]

You can limit your claim to £10,000 (use the N1 Form and not MCOL) and take a loss on some money but still protecting you under the small claims rules. The court does however, have discretion to move it to another track anyway so there is no absolute guarantee that it will sit in the small claims track, particularly if the matter is complex.

You should also check the terms of the lease and see whether there is a limitation of liability clause because that might hinder your chances of successfully claiming.

Also, have you got legal expenses cover and if so, you might want to check with them to see if that will cover you rather than shelling out your own money.

[Gemby]

I issued proceedings last night via MCOL. (I did this before I saw your post)
I kept the amount of claim at £9993.21
There is nothing in the lease to limit their liability.
I hadn't thought about legal expenses cover but will take a look into it.

Thanks for your help

[Rebz]

Not to say that in practice the court will allocate to the small claims track as the court has discretion but, CPR 26.8(2) requires the court to disregard costs and interest when assessing financial value

It is for the court to assess the financial value of a claim and in doing so it will disregard –

(a) any amount not in dispute;

(b) any claim for interest;

(c) costs; and

(d) any contributory negligence.

[Gemby]

That's helpful, thanks REBZ