Making a Small Claim in the UK — Complete Guide

Learn how to make a small claim in the UK with this complete step-by-step guide — covering eligibility, court fees, the claims process, and what to expect.
Making a small claim in the UK — complete guide
Whether you’re owed money by a trader, a landlord has withheld your deposit unfairly, or a business has failed to deliver goods or services you’ve paid for, the UK small claims court exists to help ordinary people resolve disputes without needing a solicitor. The process is more straightforward than many people expect, but knowing the steps in advance can make the difference between a successful outcome and an avoidable mistake. This guide walks you through everything you need to know — from checking whether your claim is eligible to enforcing a judgment once you’ve won.
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What is the small claims court?
The small claims court is not a separate court — it is a track within the County Court in England and Wales used to resolve lower-value disputes in a relatively informal way. Cases are heard by a district judge, and the rules are designed so that individuals can represent themselves without legal training.
The small claims track is generally used for:
- Claims up to £10,000 in England and Wales (with some exceptions)
- Personal injury claims up to £1,500
- Housing disrepair claims up to £1,000
In Scotland, the equivalent is the Simple Procedure (up to £5,000), handled by the Sheriff Court. In Northern Ireland, the Small Claims Court covers disputes up to £3,000.
This guide focuses primarily on the process in England and Wales.
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Checking whether your claim qualifies
Before you file anything, it is worth confirming that your dispute falls within the small claims track. The key criteria are:
- The amount you are claiming does not exceed £10,000
- Your claim is a civil matter (not a criminal one)
- The dispute is between you and another individual or a business
Common qualifying disputes include unpaid invoices, faulty goods, poor workmanship, holiday sickness claims, and landlord-tenant disagreements over deposits or repairs.
You should also consider whether court is the right route at all. For some disputes — particularly those involving regulated industries like financial services or utilities — there may be an ombudsman or alternative dispute resolution (ADR) scheme that is quicker and free to use. The gov.uk guidance on resolving disputes without going to court is a useful starting point.
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Sending a letter before action
Before you issue a claim, you are required by the court’s pre-action protocols to give the other party a formal opportunity to resolve the matter. This is done by sending a letter before action (sometimes called a letter before claim).
The letter should clearly set out:
1. Who you are and your contact details
2. What the dispute is about
3. The amount you are claiming and how you have calculated it
4. Any interest you intend to claim
5. A reasonable deadline for a response (typically 14 days for individuals, 14–30 days for businesses)
6. What action you will take if they do not respond (i.e., issuing a court claim)
Sending a well-drafted letter before action serves two purposes. First, it may prompt the other side to pay or negotiate without the need for court proceedings. Second, if the case does go to court, a judge will expect to see that you followed the correct pre-action steps. Failing to do so could affect how costs are awarded.
You can use the ClaimsPilot letter before action tool to generate a properly formatted letter in minutes, tailored to your specific dispute.
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Calculating what you can claim
Your claim can include more than just the original amount owed. Depending on the circumstances, you may also be entitled to:
- Statutory interest — you can claim 8% per annum on money owed under the Late Payment of Commercial Debts (Interest) Act 1998 (for business-to-business debts) or under the court’s discretion for consumer claims
- Court fees — these are recoverable if you win
- Reasonable costs directly related to the claim, in some circumstances
It is important to calculate your interest correctly before filing, as errors can complicate your claim or reduce the amount you recover. The ClaimsPilot interest calculator makes this straightforward — simply enter the debt amount and the dates involved.
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How to file your claim
Once you have sent your letter before action and not received a satisfactory response, you can proceed to file your claim with the court.
Option 1: Online via Money Claim Online (MCOL)
For straightforward money claims, the easiest route is the government’s Money Claim Online (MCOL) service at gov.uk/make-money-claim. You will need to create an account, enter the details of your claim, and pay the relevant court fee online.
MCOL is best suited to simple debt claims where the amount is clear and undisputed. If your claim is more complex — involving, for example, contested facts or a counterclaim — you may need to use a paper form instead.
Option 2: Paper claim form (N1)
For claims that cannot be filed online, you can complete form N1 and submit it to your local County Court hearing centre. The form asks for:
- Your details and the defendant’s details
- A clear statement of your claim (known as the particulars of claim)
- The amount you are claiming, including any interest
You can download the N1 form from gov.uk.
Court fees
Court fees are based on the value of your claim. As a rough guide:
| Claim value | Fee (online) | Fee (paper) |
|—|—|—|
| Up to £300 | £35 | £35 |
| £300.01–£500 | £50 | £50 |
| £500.01–£1,000 | £70 | £80 |
| £1,000.01–£1,500 | £80 | £115 |
| £1,500.01–£3,000 | £115 | £205 |
| £3,000.01–£5,000 | £205 | £335 |
| £5,000.01–£10,000 | £455 | £455 |
Fees are subject to change, so always check the current figures on gov.uk before filing.
If you are on a low income or certain benefits, you may be eligible for a fee remission (Help with Fees). You can apply using form EX160 at gov.uk.
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What happens after you file
Once your claim is submitted, the court will serve the claim on the defendant. They then have 14 days to respond. They may:
- Admit the claim and offer to pay
- Defend the claim — in which case the court will allocate the case to the small claims track and set a hearing date
- Ignore the claim — allowing you to apply for a default judgment in your favour
If the case goes to a hearing
Small claims hearings are relatively informal compared with other court proceedings. They typically take place in a judge’s room rather than a courtroom, and strict rules of evidence do not apply. You will be expected to explain your case clearly, present any supporting documents (contracts, invoices, photographs, correspondence), and respond to what the other side says.
It is worth preparing a clear bundle of documents in advance and practising summarising your case in plain language. You do not need a solicitor, though you may bring a McKenzie Friend (a non-legally qualified person) to assist you.
The court will usually notify you of the hearing date several weeks in advance, giving you time to prepare.
Enforcing a judgment
Winning in court does not automatically mean you will be paid. If the defendant does not pay voluntarily after a judgment is issued, you will need to take enforcement action. Options include:
- Warrant of control — instructing County Court bailiffs to seize assets
- Attachment of earnings — having payments deducted from the defendant’s wages
- Third party debt order — freezing money held in the defendant’s bank account
- Charging order — securing the debt against the defendant’s property
Each enforcement method has its own process and fee. You can find full details on gov.uk.
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Getting started with your claim
The small claims process is designed to be accessible, but preparation is everything. Taking the right steps before you file — sending a proper letter before action, calculating your interest accurately, and gathering your evidence — significantly improves your chances of success.
ClaimsPilot is built to help individuals and small businesses navigate this process with confidence. From generating your letter before action to calculating the interest you’re owed, our tools handle the admin so you can focus on your case.
Ready to take action? Start your claim with ClaimsPilot and get the documents and guidance you need in one place.
ClaimsPilot's AI workspace auto-fills court forms, prepares your case, and guides you through every step — free to get started.