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Consumer: Your guide to small claims court
SMALL CLAIM: Carolyn Hulland with her paperwork.
Shoddy repairs, tenants who owe you rent, or banks that don’t repay unfair charges could all tempt you to sue. Sophie Hazan looks at where you start.
When Carolyn Hulland’s carpets didn’t live up to scratch she sued.
The 57-year-old receptionist, from Cookridge, took action at the small claims court at Leeds.
She wanted £590 in compensation, and the company finally settled out-of-court the day before they were due in front of a judge.
Carolyn said she would encourage anyone with enough conviction to do the same.
But she has warned that the process is not for the faint hearted.
Consumerwatch has taken a closer look at how to take small claims action, and whether it is worth it.
Carolyn said: “If you are in it to make a profit, then forget it.
“The truth will win out and you will not get away with trying to pull a fast one.
“But if you have the conviction that what you are doing is right, and are not scared of hard work, then go for it.
“It it is a stressful business, but worth doing.”
Carolyn had demanded her carpet-fitter replace her bedroom carpets when they began to show shadowing and other wear within months of being put down.
The firm replaced them, but it cost her an extra £140 to cover the price difference, and refit costs.
Not one to let things lie, she then chased the company for a refund, arguing that she should not have to pay for something that was not her fault.
When her letters failed to strike a chord with bosses, she took her case to the small claim court.
She had to pay £45 to launch proceedings, and a further £90 to appear at court.
She also had to fill out forms, and dig out records, receipts and copies of emails as evidence for her case.
It took several months of steely determination.
She said: “It came to the point where they were ignoring my complaint and I had to decide whether to throw some extra money at it.
“At the end of the day it was shoddy treatment, so I gave it another £45.
“What I hadn’t expected was to receive emails from the company more or less telling me that I didn’t have a leg to stand on.”
Carolyn wanted £350, to cover the £140 extra the problem had cost her, and by way of compensation for taking time off work, and the inconvenience of having to dismantle furniture and clear rooms.
But when the firm ignored her, she decided to take the matter to court, and increased her demands to £590.
With the pressure of court action looming, the company offered Carolyn £300, which she rejected, then £400, which she also rejected.
The day before she was due at court a cheque arrived for the full £590.
“They clearly wanted to save on any extra costs in case this had gone to court,” she said.
“I was pleased as there was always the chance I might not win, but it was frustrating they put me through months of stress.”
The small claims procedure is a quicker and simpler way of using the courts to settle disputes than other parts of the courts system.
In England and Wales, you can make compensation claims up to £5,000.
You don’t need a solicitor, and the hearing itself is fairly informal.
But the small claims court is still a last resort for dealing with problems, warned John Field at Consumer Direct.
He said the best thing to do is to reach an “amicable solution”.
He said: “We would always advise consumers to seek mediation if they are unable to resolve an issue themselves.
“You are not guaranteed to win, and it can end up quite costly, even though it is cheaper than other court proceedings.
“A lot of people back out when they see what small claims are going to cost them.
“Remember if your case is not successful, you are likely to have to pick up the other side’s costs as well as your own.
“People talk about something being about the principle, but courts don’t care about that. “They look at what you have lost. Never sue anyone based on principle alone, unless you have money to burn.”
He added: “Very few actually go to hearing, and most small claims are settled, admitted or paid.”
Compensation claims – also called money claims – cost from £25 to £120 to issue.
The total amount you pay depends on the size of your claim, where you live in the UK, and how far your claim goes through the court process.
Courts charge a hearing fee if the other party wants the matter to appear before a judge.
For more information visit: www. directgov.co.uk
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