Use this guide only after you have complained to the trader and tried any ombudsman or ADR scheme available. It describes the process in England and Wales; Scotland uses the simple procedure and Northern Ireland has its own small claims process, so check the right one for you. Have your full evidence file ready.
Step by step
Decide whether a claim is worth it
Check the trader is still in business and appears to have money or assets, because winning does not guarantee payment. Check the current small claims limit and court fees on GOV.UK. Speak to Citizens Advice if you are unsure whether you have a strong case.
Send a letter before claim
Write to the trader setting out what happened, which rights were breached, the amount you are claiming and how you worked it out. Give a clear deadline, usually at least 14 days, and say you will start court proceedings if it is not settled. Keep proof that you sent it.
Organise your evidence
Put your evidence in date order: contract, receipts, photos, reports, emails and a timeline of events. Work out exactly what you are claiming, such as a refund, the cost of putting work right or other losses you can prove. Keep copies for yourself, the court and the trader.
Start the claim
In England and Wales, many money claims can be started online through the HM Courts and Tribunals Service Money Claim Online service, or you can use the paper form. Make sure you name the trader correctly, for example the registered company name. Pay the court fee or check whether you qualify for help with fees.
Take part in mediation
After the trader responds, you may be referred to the free small claims mediation service, which usually takes place by phone. The mediator talks to each side separately to see whether a settlement can be reached. If you agree a settlement, get the terms confirmed in writing.
Prepare for the hearing and enforcement
If the case goes to a hearing, follow the court's directions exactly, including deadlines for sending documents. Small claims hearings are informal, and you should be ready to explain your case briefly and point to your evidence. If you win and the trader does not pay, GOV.UK explains the enforcement options, which usually involve a further fee.
Ready-to-use checklist
- Complaint and ADR attempts completed
- Trader's correct legal name and address
- Letter before claim sent with deadline
- Evidence in date order
- Clear calculation of the amount claimed
- Current limit and fees checked on GOV.UK
- Court forms or online claim completed
- Copies of everything for the court and trader
Practical tips
- Keep your letter before claim polite and factual, as the judge may read it later.
- Write a one-page summary of your case to keep you focused during mediation and at a hearing.
- Consider settling for slightly less if the trader makes a fair offer, as it saves time and the risk of not recovering the money.
Common problems
The trader ignored my claim.
If the trader does not respond within the time allowed, you may be able to ask the court for judgment in default. Check the deadline on your claim paperwork and follow the instructions on GOV.UK.
I am not sure of the trader's legal name.
Check invoices, the website footer and Companies House for a registered company name and address. Naming the wrong party can cause delays or make it harder to enforce a judgment.
The trader offered to settle during mediation but for less than I claimed.
Weigh the offer against the time, cost and risk of continuing. You do not have to accept, but a reasonable settlement often gives a faster and more certain result.