How to Make a County Court Claim....

[Amethyst]

You can take court action against someone who owes you money and won’t pay. This is known as making a court claim. It can also be known as taking someone to a ‘small claims court’.

It is relatively simple to bring a county court action against someone but you must be aware of the procedures and the potential for having costs awarded against you should you lose or discontinue the claim.

If the claim is not a straightforward 'they owe you money and won't pay it' you should consider speaking with a solicitor or at the very least the Citizens Advice Bureau before bringing the claim.

If the claim is for anything other than money, like an injunction to stop someone doing something, or for things like a child arrangement order, then this guidance is not for you and you should start a thread on the forum before going any further.

• Taking somebody to court is actually quite easy, you go to the MCOL site www.moneyclaim.gov.uk, register as a user and away you go
  
  
• Taking someone to court will cost you money, you pay Fees as the Case progresses throught the Court system, the fees vary depending on how much you claim. There is always a risk of having costs awarded against you if you lose, or discontinue the case.
  
  
• Taking someone to court will take time, the wheels of due process move slowly, you need to accept this and play the long game.
  
  
• The Small Claims process actually works.

So, you are owed money by someone and want to claim it back, how do you go about it?.....

[Amethyst]

Re: How to Make a County Court Claim....

Before you take court action you must contact the claimant and give them the opportunity to sort out the issue before you submit a claim form. This is because of the Courts Rules on PRE-ACTION CONDUCT - you can read about this here

This contact should be in the form of a formal Letter Before Action (LBA) giving them an outline of what you require and when you expect to take the next step. You should give them around 14 days to respond to you.


What Your Letter Before Action Should Include


So for an example

Your name
Your address
Your address
Your postcode

Telephone: Your Telephone
Email: Your email

Date of Letter

Their name
Their address
Their address
Their postcode


Dear Their name

Outstanding Debt £xxx
URGENT: NOTICE OF INTENDED LEGAL ACTION

As it has not been possible to resolve this matter amicably despite my best efforts, and in compliance with the Civil Procedure Rules Practice Direction on Pre-Action Conduct I am writing to offer a final opportunity to bring this matter to a close.

Provide a summary of the facts of the dispute

I am claiming the sum of £xxxx state what you want from the party you're claiming from

In order to avoid the consequences of a county court judgment, and/or enforcement proceedings at a future date, you must arrange the immediate payment of the amount outstanding to give details of how and where payment should be made

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution in order to avoid the need for this matter to be resolved by the courts and I would invite you to put forward any proposals in this regard.

Please be advised that if we do not receive your response or payment in full by 4pm Friday 16th July 2014 (a date at least 16 days from the date of the letter) court action will be commenced without further notice.


Yours faithfully,

What Happens Next?

Hopefully the person who owes you money will read the letter and pay up promptly, but if not you can start your proceedings at the County Court a couple of weeks later.

[Amethyst]

Re: How to Make a County Court Claim....