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Can't see the film? Watch it here.
Going to small claims court isn't the drama you might think.
Dom Littlewood met Judge Stephen Gold at Kingston County Court to find out more.
Every year over a million small claims are made and only around 50,000 of those will result in a hearing.
And even if it does get to a hearing, on average it only lasts for an hour and 20 minutes!
When all else has failed, it can be a very straightforward way to finally get your little piece of justice.
You can issue claims for a variety of reasons, including:
• someone owing you money;
• bad workmanship;
• damage to property;
• road traffic accidents;
• personal injury;
• goods not supplied; and
• faulty goods.
Both parties will be invited to sit and give their evidence. A decision will normally be given straight away.
And if you use the online small claims procedure at moneyclaim.gov.uk, forget about big scary courtrooms, you may not need to go any further than your living room.
Money Claim online only applies to England and Wales.
Scotland and Northern Ireland have their own small claims procedures, with some different rules and lower limits.
See also: Scottish Courts: Small Claims
See also: Northern Ireland Courts: Small Claims
But before you go to small claims court consider:
1. Does the person or company have the funds to pay up if you're successful? There isn't a central fund which pays out.
2. Can this dispute be resolved before getting as far as court?
The National Mediation Helpline on 0845 60 30 809 can help or visit the website: National Mediation Helpline.
Comments
This is all well and good but just because you get a judgement - even if you KNOW they have the money - if they decide not to pay, there's nothing you can do. The court will send a bailiff round once, possibly twice, during the hours of 9-5 and, if no one's home, nothing happens. They don't get any more warnings and there is nothing you can do unless you can afford to pay for a private bailiff to go round, and for that you have to be able to pay up front!! I got a judgement in my favour for nearly £2,000 3 years ago and never saw a penny because the man just didn't open his door to the bailiffs.
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I was wrongly sued for a small amount of money this year, the case was dragged out for nearly a year which made my life hell and in the end the judge took 20 minutes to decide I owed nothing and the case was closed, I did not receive a penny of compensation even though I had to see a solicitor, pay for my parking and take a day off work.
People are too quick to sue nowadays as thay think it is easy money and sometimes they are in the wrong!
I never want to go through that again as it is not an easy process, I was the victim here even though it was me being sued.
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Hi Jane
We have experienced similar problems through Money Claim on-line. We were told by the bailiff that even the police wouldn't go to the address of the person we were claiming from, and that our best course of action would be to "get a few mates together"!! And that from a so-called court official!
What a complete waste of money.
Does anyone know of another way please?
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The One Show failed to inform us of a complete scenario at what happens if the money is not paid within 14 days. They left it at the point which sounded "good". This is why I came here to ask this question.
From what I am reading now, the courts are just making money in taking on cases but cannot get the bailiff to get the money for you or collect goods to be sold off at an auction by the court, from the wrong doer if not paid within 14 days. This is USELESS UK court justice!!!! It is WEAK!!!
I have been in a county court and the court was cold in temperature. No money for heating I suppose. Who would want to bother bringing a case to court then if you cannot get justice and this means less money for the courts??? Courts will have to get tough on those who do not pay up. Break their door and take the goods from them to be auctioned off, or a sheer waste of time to go to court.
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we should have a chance to PREVIEW our comments before we go ahead with it.
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That's exactly right Sarah. We complained when the bailiff failed to act the first time, only for him to be 'asked' to call again. I'm convinced he didn't even bother to go round.
When he said it was doubtful the debt could be recovered, we asked him to repossess the goods. That's when we were told that even the police wouldn't go there...
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Only half the story. The procedure is relatively easy and if you have a good case and get judgement in your favour the hard part is yet to come. Enforcement is the key and perhaps One Show could cover this in a follow up story. There are of course additional fees to be paid depending on the method chosen - it doesn't have to be bailiffs.
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Hi Bob, What other options are there then please?
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Peter from lowestoft. tell Dom that I have been to the 'small claims' court five times now, won four, lost one. Best thing that ever happend, for the public to fight for their rights, IE 'fit for purpose'.
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