Consumer Rights UK 2026 — Your Rights on Returns, Complaints, Warranties and MoreSmall 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) |
Useful Links