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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

SituationSuitable 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 depositYes (but try TDS/DPS dispute first)
Holiday company won’t compensateYes
Flight delay compensation (airline refuses)Yes
Car accident damage (other driver at fault)Yes
eBay/marketplace seller sent wrong or fake itemYes
Neighbour damaged your propertyYes
Wedding vendor let you downYes

Small Claims Limits

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

Court Fees (England and Wales)

Claim amountCourt 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

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

Letter Before Action — What to Include

ElementDetail
Your name and addressFull details
Their name and addressAs accurate as possible
What happenedBrief factual summary
What you’re owedThe specific amount and how you calculated it
Legal basisConsumer Rights Act 2015, breach of contract, negligence, etc.
Deadline14 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

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

What Happens Next

StageTimingWhat happens
Claim servedWithin days of filingDefendant receives the claim by post
Defendant response14 days (or 28 if they request extension)Admit, part-admit, defend, or ignore
If admittedWeeksJudgment entered — defendant must pay
If defended4–8 weeksCourt allocates to small claims track and sets directions
DirectionsCourt sets deadlineBoth sides provide evidence (documents, photos, witness statements)
Mediation offerBefore hearingFree telephone mediation offered by the court
Hearing2–6 months after filingIn-person or telephone hearing, usually 1–3 hours
JudgmentOn the day or shortly afterJudge decides amount owed (if any)

If the Defendant Doesn’t Respond

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

At the Hearing — What to Expect

ElementDetail
LocationCounty Court (in person) or telephone
Who’s thereYou, the defendant, a District Judge
FormalityInformal — no wigs, no gowns, called by first name
SolicitorsBoth sides can bring one, but you don’t need to
EvidenceBring all documents, photos, receipts, contracts, emails
DurationTypically 1–3 hours
Judge’s roleAsks questions, examines evidence, makes a decision
CostsGenerally NO costs awarded against the loser (unlike higher courts)

Tips for the Hearing

TipWhy
Organise documents in date orderMakes it easy for the judge to follow
Bring 3 copies of everythingOne for you, one for the judge, one for the defendant
Be factual, not emotionalJudges respond to evidence, not frustration
Stick to the key pointsDon’t go off on tangents
Be polite and respectfulEven to the defendant
Let the judge leadThey’ll ask the questions they need answered

If You Win — Getting Your Money

MethodHow it worksCost
Voluntary paymentDefendant pays within 14 days of judgmentFree
Warrant of Control (bailiffs)Court sends bailiffs to collect or seize goods£77 (under £5,000)
Attachment of Earnings OrderMoney deducted from defendant’s wages£110
Third Party Debt OrderFreezes defendant’s bank account£110
Charging OrderPlaces a charge on defendant’s property (like a mortgage)£110
Order to attend courtDefendant ordered to disclose their finances£55

What You Can Claim

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

Time Limits for Claims

Claim typeTime limit
Breach of contract (England/Wales)6 years
Breach of contract (Scotland)5 years
Personal injury3 years
Faulty goods6 years from purchase
Debt recovery6 years (England/Wales), 5 years (Scotland)
Professional negligence6 years from the act (or 3 years from discovery)

Sources

  1. MoneyHelper — Everyday money