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MSE News: Small claims court limits up to £10,000
Former_MSE_Helen
Posts: 2,382 Forumite
"Consumers can now take claims of up to £10,000 to the small claims court in England and Wales..."
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Small claims court limits up to £10,000
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Small claims court limits up to £10,000
Click reply below to discuss. If you haven’t already, join the forum to reply. If you aren’t sure how it all works, read our New to Forum? Intro Guide.
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Comments
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The link on the guide for Scottish Courts doesn't work now.
http://www.scotcourts.gov.uk/sheriff/small_claims/guidance_notes.asp
This is the new link on their site http://www.scotcourts.gov.uk/taking-action/small-claims0 -
Misleading article in my opinion. Small claims ARE Courts in the traditional sense! Yes, there is generally a relaxation of some of the rules and generally no cost consequences but the process is a serious one and not to be undertaken lightly.0
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Not in favour. Small Claims track doesn't allow proper recover of costs and removes certain procedural requirements/formalities. Both are there for a reason. There are better ways to improve access to justice - and I would focus on this for <£25K claims.0
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Also not in favour. Really not sure how £10,000 can be regarded as a "small claim".0
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I was taking someone to court on legal expenses insurance but the solicitor told me she had no assets so I wouldn't get damages and told me I could go to small claims court.
So I wonder now with £10k limit whether legal expenses insurance will get changed so you're on your own in small claims court for anything under 10k.0 -
Is it still 6 years you have to file a claim in-from when someone owes you the money?0
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cathodetube wrote: »Is it still 6 years you have to file a claim in-from when someone owes you the money?
Yes. That is a Limitation Act point and has nothing to do with the changes to the Court.0 -
Equaliser123 wrote: »Misleading article in my opinion. Small claims ARE Courts in the traditional sense! Yes, there is generally a relaxation of some of the rules and generally no cost consequences but the process is a serious one and not to be undertaken lightly.
Absolutely agree. Small claims are heard at County Courts with District Judges so how they can possibly be described as 'not a court in the traditional sense' is beyond me.
Good luck to the courts keeping up with the additional time it will take for all the litigants in person to bring their case.
Then again as Legal Aid has been removed completely for debt cases as of this month, everyone fighting or bringing a debt matter will be on their own regardless of the amount or type of court involved.
Lets hope the court system can cope and the Govt Legal Aid savings and small claims changes dont turn out to be a false economy.0 -
Worrying thing is the article seems to imply that it is a good thing that the limit has been raised.
"Small Claim" and "£10,000" do not really go hand in hand.0 -
The Small Claims court is a court and the judgement is as binding as any lower court. Often the whole procedure can be heard "in chambers" which is a room where everyone sits down over a table and is far less imposing than a court room.
While the judge may give limited help to a litigant in person, the system still favours those with professional representation.
That said, if you have a good case (faulty products etc), filling out a claim form N1 is relatively straight forward. You state what happened and what you want (refund, replacement, compensation etc.) In many cases simply sending a copy to the company involved may be enough for them to settle without actually issuing the claim.
For more information look at the Which? advice for filling a claim. I have also included a direct link to the claim forms. In Scotland you need form 1a to claim against a person and form 1b to claim against a company.
Which? Letter Before Claim Template:
which .co.uk/consumer-rights/action/letter-before-small-claims-court-claim
Which? General Advice
which .co.uk/consumer-rights/action/how-to-use-the-small-claims-court
Claim forms and Notes for claimant (England & Wales.)
justclaim .co.uk/court-forms/N1-claim-form
Claim forms Scotland
scotcourts .gov.uk/taking-action/small-claims0
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