We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Small Claims Court - The Process
Options

tyroneshoelaces
Posts: 262 Forumite


I am really hoping for some guidance and advice. What is happening is unprecedented but as someone who is self-employed, unpaid bills can really be a kick in the teeth. As it stands, I have a client who has said that they might not be able to pay my invoice which is over just short of £7k - a lot of money and an amount that could see me through a few quieter months. At the moment, they have not said that they cannot pay it but they are prioritising payments. However, this is not a small company, it is a national company that has been around for many, many years and so, my guess is that they are doing nothing more than potentially trying to save a few pennies in the grand scheme of things.
If this was a small invoice of a few hundred pounds, I might be inclined to let it go as it wouldn't be worth the hassle but that is not the case here. So, if they refuse to pay it, then I am going to go down the route of the small claims. However, before I hit the button with that move, are there any other steps I could or should take? Are there any email templates that set out the process? Do I need to warn them that this is what I am doing? Do I give them a deadline to make the payment after which, failed payment will result in the small claims process.
Any help would be much appreciated. I understand many of us are going through tough times but this is a lot of money that I really do need.
Thanks and all the best everyone.
If this was a small invoice of a few hundred pounds, I might be inclined to let it go as it wouldn't be worth the hassle but that is not the case here. So, if they refuse to pay it, then I am going to go down the route of the small claims. However, before I hit the button with that move, are there any other steps I could or should take? Are there any email templates that set out the process? Do I need to warn them that this is what I am doing? Do I give them a deadline to make the payment after which, failed payment will result in the small claims process.
Any help would be much appreciated. I understand many of us are going through tough times but this is a lot of money that I really do need.
Thanks and all the best everyone.
0
Comments
-
plenty of websites explain the process, it is just a matter of reading some facts, eg: have you looked at...?
https://www.gov.uk/make-court-claim-for-money
https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/
https://www.moneysavingexpert.com/reclaim/small-claims-court/
1 -
hi,
Yes, I have briefly read through all of these, so that is something to begin with but I wasn't sure if there was any more to it than that.
Obviously, it is my last resort, so wanted to check if there was any protocol to follow.
Thanks0 -
It is important to go through the steps of sending a letter before action, opening the claim and being sure that it is directed at the correct entity - a limited company, a named individual, etc. depending on how the business is set up.A problem can be that 'winning' the claim does not get you the money. In lots of cases payment will be made as soon as you show yourself to be serious and determined, but if not the process continues with bailiffs demanding payment or seizing things to sell. Each step involves paying fees which get added to the claim but it can be a long process.1
-
martindow said:It is important to go through the steps of sending a letter before action, opening the claim and being sure that it is directed at the correct entity - a limited company, a named individual, etc. depending on how the business is set up.A problem can be that 'winning' the claim does not get you the money. In lots of cases payment will be made as soon as you show yourself to be serious and determined, but if not the process continues with bailiffs demanding payment or seizing things to sell. Each step involves paying fees which get added to the claim but it can be a long process.
That's the thing, I want them to know that I am serious but sometimes, an email can seem like an empty threat which is why I was wondering if there were any templates that people have used.0 -
tyroneshoelaces said:hi,
Yes, I have briefly read through all of these, so that is something to begin with but I wasn't sure if there was any more to it than that.
Obviously, it is my last resort, so wanted to check if there was any protocol to follow.
Thanks0 -
Hi,
Yes, I will read them all. I am just waiting to hear back from them and then I will take the next steps.
Thanks0 -
tyroneshoelaces said:I am really hoping for some guidance and advice. What is happening is unprecedented but as someone who is self-employed, unpaid bills can really be a kick in the teeth. As it stands, I have a client who has said that they might not be able to pay my invoice which is over just short of £7k - a lot of money and an amount that could see me through a few quieter months. At the moment, they have not said that they cannot pay it but they are prioritising payments. However, this is not a small company, it is a national company that has been around for many, many years and so, my guess is that they are doing nothing more than potentially trying to save a few pennies in the grand scheme of things.
If this was a small invoice of a few hundred pounds, I might be inclined to let it go as it wouldn't be worth the hassle but that is not the case here. So, if they refuse to pay it, then I am going to go down the route of the small claims. However, before I hit the button with that move, are there any other steps I could or should take? Are there any email templates that set out the process? Do I need to warn them that this is what I am doing? Do I give them a deadline to make the payment after which, failed payment will result in the small claims process.
Any help would be much appreciated. I understand many of us are going through tough times but this is a lot of money that I really do need.
Thanks and all the best everyone.
You say they say they cannot pay it, but are prioritising payments.
Why are they doing that, and who do they see as a priority?
You need to understand if they can pay you because whilst you assert they are trying to save a few pennies, they will understand that unless thay are disputing the amount claimed. they will have to pay sooner or later ... or face the consequences.
I'm sure if, as you say, they are a national company that has been around for many, many years, they know the rules on illegal trading.
If they genuinely cannot pay you, then going to court may only result in more wasted time, effort and money on your part.
If they can pay you, but not yet, why not? When can they pay you? Do you have anything in your terms that covers late payments? If not, why not?
If you do, then it may be worth coming to an arrangement as to when they can pa6y yopu and what penalties will be applied.
Court action should only be considered as a matter of last resort. If you think this is a matter of last resort, what do you hope the court will be able to do for you that you cannot achieve yourself?
Court action is usually only worthwhile in matters of won't pay, as opposed to can't pay which the debtor is suggesting is the case here.
0 -
cedrag said:tyroneshoelaces said:I am really hoping for some guidance and advice. What is happening is unprecedented but as someone who is self-employed, unpaid bills can really be a kick in the teeth. As it stands, I have a client who has said that they might not be able to pay my invoice which is over just short of £7k - a lot of money and an amount that could see me through a few quieter months. At the moment, they have not said that they cannot pay it but they are prioritising payments. However, this is not a small company, it is a national company that has been around for many, many years and so, my guess is that they are doing nothing more than potentially trying to save a few pennies in the grand scheme of things.
If this was a small invoice of a few hundred pounds, I might be inclined to let it go as it wouldn't be worth the hassle but that is not the case here. So, if they refuse to pay it, then I am going to go down the route of the small claims. However, before I hit the button with that move, are there any other steps I could or should take? Are there any email templates that set out the process? Do I need to warn them that this is what I am doing? Do I give them a deadline to make the payment after which, failed payment will result in the small claims process.
Any help would be much appreciated. I understand many of us are going through tough times but this is a lot of money that I really do need.
Thanks and all the best everyone.
You say they say they cannot pay it, but are prioritising payments.
Why are they doing that, and who do they see as a priority?
You need to understand if they can pay you because whilst you assert they are trying to save a few pennies, they will understand that unless thay are disputing the amount claimed. they will have to pay sooner or later ... or face the consequences.
I'm sure if, as you say, they are a national company that has been around for many, many years, they know the rules on illegal trading.
If they genuinely cannot pay you, then going to court may only result in more wasted time, effort and money on your part.
If they can pay you, but not yet, why not? When can they pay you? Do you have anything in your terms that covers late payments? If not, why not?
If you do, then it may be worth coming to an arrangement as to when they can pa6y yopu and what penalties will be applied.
Court action should only be considered as a matter of last resort. If you think this is a matter of last resort, what do you hope the court will be able to do for you that you cannot achieve yourself?
Court action is usually only worthwhile in matters of won't pay, as opposed to can't pay which the debtor is suggesting is the case here.
Thanks for your reply, that is a really helpful reply. As a tour operator, they obviously have a lot of cancellations and lost bookings too. They are going through the process of making people redundant too.
However, they are not disputing the payment and they have always paid me on time over the last 12 months with payments usually being made at the end of the month, even if I submit an invoice on the 1st of the month. I have been told that I should find out today when my payment will be made or what is happening with payments.
How will I know for sure if they are telling the truth should they say that they cannot pay me but actually can? I am a freelancer and the work has been on a monthly rolling basis so there are no terms as such. I completed the work and then invoiced them, there has never been a problem with this. It is a significant amount and I really need it to keep myself ticking over during the next few months.
I have another client who has ignored every email this week. That is for an amount that is £325 so its no biggie but every little bit is going to count at the moment. They are in the food industry, the health industry in particular, think protein bars and shakes etc etc. They have ignored every single email I have sent this week.
This is going to get messy but I have to try and get as much money as possible which is going to need me to turn the screw a little I think.0 -
Whatever you do, there is no guarantee of getting any money in the short term. So even if you went down the court route, it is likely to be several months before the case would be heard and even longer for the money to appear. Being a "national company" is no guarantee of anything e.g. BHS, Thomas Cook, Mothercare, ToysRUs etc,etc.
As a freelancer who has done the work, rather than a supplier whom they may depend on, you probably have very little clout and will be well down the pecking order. Not your fault, but I think they will be calling the tune (unfairly I most certainly agree) rather than you.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
I completely understand that.
I have had an email to say that they are dealing with a backlog of payments and all suppliers will be paid by the end of month, if not before. I really hope they are telling the truth.1
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 350.9K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.5K Spending & Discounts
- 243.9K Work, Benefits & Business
- 598.8K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards