Banking

Small Claims Court UK — Step-by-Step Guide to Money Claim Online

How to take someone to small claims court in England and Wales using Money Claim Online — costs, process, time limits, and what to expect at a hearing.

If someone owes you money and won’t pay, you can take them to small claims court. The process is designed for individuals — you don’t need a solicitor. Here’s exactly how it works.

When to Use Small Claims Court

Situation Suitable for small claims?
Faulty goods (shop won’t refund) Yes
Bad service (tradesperson did poor work) Yes
Someone owes you money (loan, unpaid invoice) Yes
Landlord won’t return deposit Yes (but try TDS/DPS dispute first)
Holiday company won’t compensate Yes
Flight delay compensation (airline refuses) Yes
Car accident damage (other driver at fault) Yes
eBay/marketplace seller sent wrong or fake item Yes
Neighbour damaged your property Yes
Wedding vendor let you down Yes

Small Claims Limits

Country Small claims limit
England and Wales £10,000
Scotland (Simple Procedure) £5,000
Northern Ireland £3,000

Court Fees (England and Wales)

Claim amount Court fee (online) Court fee (paper)
Up to £300 £35 £55
£300.01–£500 £50 £70
£500.01–£1,000 £70 £80
£1,000.01–£1,500 £80 £90
£1,500.01–£3,000 £115 £125
£3,000.01–£5,000 £205 £215
£5,000.01–£10,000 £455 £455

Filing online is cheaper — use Money Claim Online (MCOL) at moneyclaims.service.gov.uk.

If you win, the court fee is added to your judgment — the defendant pays it.

Before You Claim — Required Steps

Step What to do Why
1 Write a formal complaint to the other party Shows you tried to resolve it
2 Give them a reasonable deadline (14 days) Standard practice
3 Send a Letter Before Action (LBA) Essential — courts expect this
4 State your claim amount and deadline (14 days) Final chance to settle
5 If no response or refusal, proceed with court claim You’ve done everything required

Letter Before Action — What to Include

Element Detail
Your name and address Full details
Their name and address As accurate as possible
What happened Brief factual summary
What you’re owed The specific amount and how you calculated it
Legal basis Consumer Rights Act 2015, breach of contract, negligence, etc.
Deadline 14 days to respond
Consequence “If I do not receive payment/resolution by [date], I will issue a claim in the County Court without further notice”

Step-by-Step: Filing a Claim Online

Step Action
1 Go to moneyclaims.service.gov.uk
2 Create an account (you’ll need an email address)
3 Enter the defendant’s name and address
4 Describe your claim (brief, factual — what happened, what you’re owed, why)
5 Enter the claim amount
6 Add interest if applicable (8% statutory interest for most claims)
7 Pay the court fee by debit/credit card
8 The court serves the claim on the defendant

What Happens Next

Stage Timing What happens
Claim served Within days of filing Defendant receives the claim by post
Defendant response 14 days (or 28 if they request extension) Admit, part-admit, defend, or ignore
If admitted Weeks Judgment entered — defendant must pay
If defended 4–8 weeks Court allocates to small claims track and sets directions
Directions Court sets deadline Both sides provide evidence (documents, photos, witness statements)
Mediation offer Before hearing Free telephone mediation offered by the court
Hearing 2–6 months after filing In-person or telephone hearing, usually 1–3 hours
Judgment On the day or shortly after Judge decides amount owed (if any)

If the Defendant Doesn’t Respond

Action What to do
No response after 14 days Apply for “Default Judgment” online
Court enters judgment Defendant must pay the full amount plus court fee
They still don’t pay? Apply for enforcement (see below)

At the Hearing — What to Expect

Element Detail
Location County Court (in person) or telephone
Who’s there You, the defendant, a District Judge
Formality Informal — no wigs, no gowns, called by first name
Solicitors Both sides can bring one, but you don’t need to
Evidence Bring all documents, photos, receipts, contracts, emails
Duration Typically 1–3 hours
Judge’s role Asks questions, examines evidence, makes a decision
Costs Generally NO costs awarded against the loser (unlike higher courts)

Tips for the Hearing

Tip Why
Organise documents in date order Makes it easy for the judge to follow
Bring 3 copies of everything One for you, one for the judge, one for the defendant
Be factual, not emotional Judges respond to evidence, not frustration
Stick to the key points Don’t go off on tangents
Be polite and respectful Even to the defendant
Let the judge lead They’ll ask the questions they need answered

If You Win — Getting Your Money

Method How it works Cost
Voluntary payment Defendant pays within 14 days of judgment Free
Warrant of Control (bailiffs) Court sends bailiffs to collect or seize goods £77 (under £5,000)
Attachment of Earnings Order Money deducted from defendant’s wages £110
Third Party Debt Order Freezes defendant’s bank account £110
Charging Order Places a charge on defendant’s property (like a mortgage) £110
Order to attend court Defendant ordered to disclose their finances £55

What You Can Claim

Element Claimable?
The amount owed (goods, services, money) Yes
Court fee Yes — added to judgment
Statutory interest (8% per year on debts) Yes
Travel to court hearing Yes (reasonable amount)
Loss of earnings for attending hearing Yes (limited)
Solicitor fees Generally no — small claims track doesn’t usually award these
Emotional distress Generally no — unless part of a personal injury claim

Time Limits for Claims

Claim type Time limit
Breach of contract (England/Wales) 6 years
Breach of contract (Scotland) 5 years
Personal injury 3 years
Faulty goods 6 years from purchase
Debt recovery 6 years (England/Wales), 5 years (Scotland)
Professional negligence 6 years from the act (or 3 years from discovery)