Taking a Company to Small Claims Court: The Complete UK Guide (2025)
When companies won't pay what they owe, small claims court is your nuclear option. Here's everything you need to know about filing a claim.
When a company refuses to give you what you're owed, small claims court is your nuclear option. It's simpler than you think, relatively cheap, and you don't need a lawyer. Here's everything you need to know about taking a company to court in the UK.
What Is Small Claims Court?
Small claims court is part of the County Court system, designed for straightforward disputes. It's:
- Informal - No wigs, no legal jargon, judges are helpful
- Cheap - Court fees from £35 to £455 depending on claim value
- Quick - Most cases resolved within a few months
- DIY-friendly - Designed so you don't need a solicitor
Claims up to £10,000 are handled through the small claims track (£5,000 in Scotland).
When Should You Use Small Claims Court?
Small claims court works well for:
- Refunds the company won't give
- Compensation for breach of contract
- Deposit disputes (though TDS/DPS is often better for tenancy)
- Faulty goods not refunded
- Services not provided as promised
- Unpaid invoices you're owed
Is It Worth It?
Before you claim, consider:
Costs vs Potential Recovery
| Claim Value | Court Fee | Is It Worth It? |
| Up to £300 | £35 | Usually yes |
| £300-£500 | £50 | Yes for clear-cut cases |
| £500-£1,000 | £70 | Yes |
| £1,000-£1,500 | £80 | Yes |
| £1,500-£3,000 | £115 | Yes |
| £3,000-£5,000 | £205 | Consider settlement first |
| £5,000-£10,000 | £455 | Make sure you have strong evidence |
Note: If you win, the court usually orders the other side to pay your court fees back.
Alternative Routes First
Before court, you should have:
- Complained to the company directly
- Gone through their complaints process
- Tried any relevant ombudsman (free and often faster)
- Sent a "Letter Before Action" giving them 14 days to resolve
Step-by-Step: Filing a Claim
Step 1: Send a Letter Before Action
This is legally required before court action. Your letter must:
- State what you're claiming and why
- Include a specific amount
- Reference relevant law (Consumer Rights Act, etc.)
- Give them 14 days to respond
- Warn you'll take legal action if they don't
Step 2: File Your Claim Online
Go to Money Claim Online (www.moneyclaim.gov.uk) and:
- Create an account
- Enter the defendant's details (company name and registered address)
- Describe your claim clearly (what happened, what you want)
- Pay the court fee
Tip: Find company details on Companies House (free to search).
Step 3: Wait for Their Response
The defendant has 14 days to respond. They can:
- Admit the claim - You win, they pay
- Defend the claim - Case proceeds to hearing
- Ignore it - You can request "default judgment" (automatic win)
- Counterclaim - They claim against you too
Step 4: Directions Questionnaire
If they defend, you'll both fill out a questionnaire about:
- Whether you want mediation (often required to try first)
- Evidence you'll use
- Witnesses
- Any special requirements
Step 5: Mediation (Usually Required)
The court will likely refer you to free telephone mediation. This is:
- Free
- Confidential
- Often successful
- Not binding unless you reach agreement
Many cases settle at mediation. Be prepared to negotiate.
Step 6: The Hearing
If mediation fails, there's a hearing:
- Usually 1-2 hours
- Informal setting - Small room, no courtroom drama
- Judge asks questions - They guide the process
- No cross-examination - Unlike TV courtrooms
- Bring evidence - All documents, photos, receipts
What to bring:
- Copies of all documents (3 sets: you, judge, defendant)
- Timeline of events
- Your contract/receipt
- Any correspondence
- Photos if relevant
Step 7: The Judgment
The judge decides on the day or soon after. If you win:
- The defendant is ordered to pay within 14 days
- You can add your court fees to what they owe
- If they don't pay, you can enforce the judgment
What If They Don't Pay?
Winning is only half the battle. If they don't pay:
Enforcement Options:
- Warrant of Control (£77) - Bailiffs collect the money or seize goods
- Attachment of Earnings (£110) - Taken from their wages
- Third Party Debt Order (£110) - Frozen from their bank account
- Charging Order (£110) - Put against their property
For companies, a Winding-Up Petition (threatening to close them down) often gets fast results, though it's expensive (£1,500+).
Tips for Success
Do:
- Keep everything in writing - Emails are your best evidence
- Be organised - Chronological file of all documents
- Stay factual - Emotion doesn't help, facts do
- Know the relevant law - Consumer Rights Act, etc.
- Be reasonable - Courts reward reasonableness
- Dress smartly - It shows respect for the process
Don't:
- Exaggerate your claim - Only claim what you're actually owed
- Get emotional - The judge wants facts, not feelings
- Be rude to the other side - Even if they deserve it
- Ignore their defence - Address every point they make
- Be late - Arrive 30 minutes early
Real Success Stories
James recovered £850 for a faulty laptop after the retailer refused a refund. Court fee: £70. Total time: 6 weeks. The retailer paid up before the hearing once they received the court papers.
Maria won £2,400 in holiday compensation when the tour operator denied responsibility. The company didn't even show up to the hearing, and she won by default.
Tom got £1,200 back from a builder who did shoddy work and vanished. Judgment was enforced through bailiffs after the builder ignored the court order.
When NOT to Use Small Claims
- Over £10,000 - Goes to a different court track with different rules
- Personal injury claims - Separate process with different time limits
- Complex legal issues - Might need proper legal advice
- Defendant has no money - Can't get blood from a stone
Take the Next Step
Use our Small Claims Calculator to work out your court fees and check if your case is worth pursuing. If a company owes you money and won't pay, don't let them get away with it.
NoReply Team
Consumer rights experts dedicated to helping you get what you deserve.
