CASH RECOVERY IN THE UK SMALL CLAIMS COURT
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CASH RECOVERY IN THE UK SMALL CLAIMS COURT |
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Although the process is much less intimidating than in the past the courts still have the same power and because the process is more transparent it does not mean that the courts have less influence. The process for the Small Claims Track can be divided into four separate sections which are:
The process relies on complete documentation. The documents which mostly apply to Small Claims are detailed on Court Documents page. The process starts with the N1 form and this triggers the next set of paperwork. At each stage there are strict time limits and documents must be returned to the court within those limits. It is essential for Claimants to be aware that there is no substitute for written evidence and this is detailed on our page: What Evidence Do I Need? Most documents are forwarded to the court by post and postal service of documents on Defendants is accepted by the court. However, there is a strong case for complex documents to be forwarded by Recorded Delivery - a minor additional expense for the proof of delivery. Claim Link will ensure that you comply with the court requirements to return properly completed documents promptly with correct attachments as appropriate.
With the establishment of the Small Claims Track a lot of complex legal matters have been eliminated. In particular strict rules of evidence do not apply and Civil Procedure Rules (CPR) are not appropriate. However, a number of basic legal rules do apply and these are usually prompted on the court documentation. In particular Claimants should be aware of: Generally, it is not necessary for Claimant's to use the services of a solicitor. The Small Claims Track restricts the level of solicitors' fees which can be recovered to a very low level. As far as the Defendant is concerned the one thing that they want to avoid is a County Court Judgment (CCJ). This is guaranteed to give them an adverse credit rating which can be very inconvenient - particularly if applying for a loan or mortgage. The CCJ can be avoided if the court are paid within 30 days of the service of the judgment.
The whole reason for going to court is to obtain a judgment. District judges are very experienced lawyers who are well skilled in providing good and accurate judgments. As soon as the judges have made their decision the next stage of the process is triggered. The judgment is typed on to the form N24 and copies are forwarded to both sides. The N24 provides details of what the Defendant should pay and how to pay it. However, the Court Service also use this document to provide directions to both sides and ensure that if further action is required the correct documents etc are in place. Judgments are the prerogative of the District Judges and quite often the judge will be named.
For money claims using the Small Claims Track the whole object of the process is to recover the cash. The Court Service have addressed this issue and provide options for enforcing judgment. The options are designed to cover as many possible methods of recovering funds as possible. Within the process the court service will collect the Claimant's money and forward it to the Claimant when the funds clear and it is determined that there is no prior claim on those funds. For most of the options the Claimant will need to provide the court with enough information for the court to commence recovery. In particular, the Claimant will need to be aware of the current address of the Defendant, especially if they have moved from their previously known address. At each stage of recovery the court will keep the Claimant fully informed of progress and advise of cash recovery. If the court do have problems they will advise the Claimant accordingly, giving the Claimant an opportunity to provide additional information or agree a settlement if one is offered.
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