Starting a Small Claims Court Case

Before starting a small claims case in the courts, you should have made a serious attempt to resolve the problem or your case could be rejected for that reason.

But if that fails, then you need to know who the defendant is – you cannot start a court case without clearly identifying the defendant.  It also makes a great deal of sense to take legal advice before starting a case so you will have a legal opinion on whether you have a winnable case.

The next step is to gather all relevant evidence and if you believe you have a good case then go to the government website https://www.gov.uk/make-court-claim-for-money/overview

The fees involved are for example £100 – £170 for cases where the money in dispute is between £1,000 and £3,000, but the full list of fees is available from that page.

Start your case.

You can start a case on paper rather than online but the fees are higher and the process will take longer.

To use the online service you need to have a Government Gateway login and password. If you don’t have this then get it in advance as it will take days to receive the details in the post. Go to http://www.gateway.gov.uk/ to register.

Make sure you have a strong case before going down this route and make sure you have exhausted other simpler options first.

The steps involved are further outlined in the article http://fightbackonline.org/index.php/guidance/12-explanations/70-using-the-small-claims-court-to-sue-a-scammer

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