Valuable Information when bringing an action in the "small claims" court

For the record, there is no small claims court, it is just a claim in the County Court on the small claims track, but everyone understands small claims court, so stick with that.

You will know if you have such a claim because the value will be under £5,000 (different rules for Personal Injury, but 99.9 times out of 100 those people will be represented by insurance companies).

If you deal with a represented Defendant that Defendant may attempt, before the claim is allocated, to make what is known as a Part 36 offer. This offer will state that a failure to accept the offer may result in the court taking into account your failure to accept the offer, should you not be awarded more at trial, when considering the costs of the action. It is usually produced in a very bullying way by represented Defendants.

The effect of this offer is: if you are claiming £900, and you get an offer for £800, and then when you get to trial the Judge awards you £750, the Defendant can claim their costs from 21 days after you failed to accept the offer. This is how it is presented.

Now for the important piece of information.

Part 36 offers do not apply to the small claims track.

So you can refuse and the Defendant cannot rely upon the offer they have made should you be awarded an amount lower than that which they offered.

I hope that was simple enough to follow.

So… No Deal? :stuck_out_tongue: :smiley:

How simple is it to make a ‘small claim’? For the second time in 8 weeks we’re left without heating in the freezing cold. I read one website said it would be reasonable to sue for rent covering the period without heat, to be refunded. Just wondering how simple that would be…

I used that when my former employer want to pay me from his personal pocket the day before. I refused, and told him all communication should be in writing.

Despite winning, and getting the bailiffs involve still never seen a penny. Need to read up on Third Party debt orders, and winding orders.

Now this is very informative.

Dead easy. You can create an account in 15 minutes. My fastest time for issuing a clain is 10 minutes.

It is very simple. You can make it on-line through MCOL at: https://www.moneyclaim.gov.uk/web/mcol/welcome

The costs are on a sliding scale, depending on the value of your claim:

Up to £300 £25
£300.01 to £500 £35
£500.01 to £1,000 £60
£1,000.01 to £1,500 £70

If done through MCOL, more expensive if you do it through the courts direct.

As to the merit of the claim or your chances of success, I don’t know off-hand, would need to study it a bit.