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Process to make a claim in the small claims court

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  • Process to make a claim in the small claims court


    I have previously asked for advice on the actual details (reasons) of a small claim I want to make:

    Now I want to proceed with the claim and I wish to ask a few questions about the procedure:

    1- I have already written a formal complaint, to the provided and he responded.

    2- I responded that I would then consider my position and what action I would take.

    3- Is there a Pre-Action Protocol in the small claims court? Do I need to write a letter before action to the provider?

    4- Presumably there is a court fee, does anybody know how much it is?

    5- How are they conducting the hearings in COVID-19? Are they seriously delayed?

    6- If I lose the claim, is the respondent entitled to costs? If so, what for?

    Thank you.
    Tags: None

  • #2
    I am not one of the legal team here but I have been there. I went to the county court with all the documents. I was able to go to the county court website and down load a form to fill in. I took it to the county court. I could have done it on line but I preferred a face to face (pre-covid 19) meeting. There is a fee to pay depending on the amount to be claimed. If you are unemployed then there is another form that makes you exempt from the fees. It is not a difficult process. Just state your case and supply the documents in an envelope. The court requires two sets of documents.


    • #3
      A letter before action is always a good idea.

      Information on fees here https://legalbeagles.info/forums/for...0-small-claims

      MCOL seems to be operating normally but courts are offering quicker 'hearing' dates if the parties agree to having the case heard 'on paper' ie without the parties being present.

      If the claimant loses the defendant can claim some costs but not very much.

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      Pre-Action Letters
      First Steps
      Check dates
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Witness Statements
      Directions Questionnaire
      Statute Barred Letter

      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.

      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
      2 of 2 < >

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