Q. What is a small claim?
A. A small claim is a claim which has a value of less than £10,000.
Q. Do I need to take any steps before issuing a claim?
A. Yes. Before issuing a claim you should send a “letter before action” to the other party.
Q. Which court should I issue a small claim in?
A. The County Court Money Claims Centre deals with money claims. You can also issue claims online at https://www.moneyclaim.gov.uk/web/mcol/welcome
Q. How much is the court’s fee?
A. The court’s fee depends on value of the claim and can be anything from £35-£455.
Q. What documents do I need to file at court to issue the claim?
A. To issue a small claim you will need to file a Claim Form and Particulars of Claim. All supporting evidence should be attached.
Q. What happens if the claim is defended?
A. If the claim is defended you may need to file additional documents at court to include a Reply to Defence, expert report and witness statements.
Q. Will I have to go to court?
A. If the claim is defended the court will set a hearing date where you must attend at court to present your case in front of a judge.
Q. Do I need to use a solicitor to issue a small claim?
A. No it is not necessary to use a solicitor.
Q. If I use a solicitor can I recover their costs if I win?
A. You are unlikely to recover your costs even if you win. However, in most cases you can claim interest which can be used to off-set costs.
Q. Can mfg help me?
A. We offer a Small Claims Advisory Service. We can offer a fixed fee service for as little as £1,000 plus VAT.
Q. Who should I contact?
A. For advice and assistance please contact Rebecca Rogers on 01562 516059 or rebecca.rogers@mfgsolicitors.com
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