Why you don’t need a solicitor to pursue small claims

Involving a solicitor for a claim worth less than £10K could leave you even further out of pocket. Fortunately, you can do it yourself. Let’s find out more.

If you believe that someone owes you £10,000 or less, you can pursue it through the Small Claims Court. The problem is, you’re not allowed to claim back anything you spend in legal fees, even if you win your case. Many people find that their legal costs eat up whatever they win at Court. Some even find that the legal fees are higher than their award, so they end up out of pocket.

However, the Courts have tried to simplify the claims process, so you can pursue what you are owed without having to instruct a solicitor. In this article, we’ll look at the process you need to follow to claim what you are owed – as well as other available options.

The DIY small claims process

Your first step is to write a Letter of Claim. In this letter, you set out the basis of your claim, its value, and the evidence you have that proves it. You send this letter to the person you are claiming against. You need to do this before you issue at the Small Claims Court.

You must give the other party a reasonable period of time to respond to your letter. If they don’t respond, you can issue a claim at the Court.

At this point, it’s essential to say that you need to issue your claim against the correct defendant. For example, if your claim is against a company, you need to issue it against the company, not any of its directors or employees. Unfortunately, people often get this wrong, and it leads to their case failing from the outset.

Next, the Court will send a Response Pack to the defendant, who will need to confirm whether they admit the claim (in whole or in part), want to defend it or even bring a counter-claim. If they admit the claim, you can obtain Judgment against them and make arrangements for them to pay.

Where it becomes more difficult is if they want to defend the claim or commence a counter-claim against you.

Going to Court

If your case gets to the stage where it has to go all of the way to a Trial, you may feel you need representation, even if you have not involved a solicitor up to this point. You have the option to try for Direct Access, where a barrister will represent you at the hearing without the need to instruct a solicitor as a go-between. It comes at a lower cost than full legal representation from the start. However, you will still have to do the paperwork before the case.

But, even doing it this way, there are significant problems:

·         Your legal fees will still eat up a chunk of your award;

·         Even if you win, CCJs are hard to enforce. It doesn’t necessarily mean you’ll get your money, particularly if the Defendant is of limited financial means;

·         You may need to involve bailiffs or ask for a third-party order (applying to the defendant’s employers to get the money from them).

Before you go to Court to pursue a Small Claim, you need to consider these factors, no matter how strong you think your claim is.

Alternatives to the DIY approach

Before you instruct a solicitor, you need to consider whether the value of your claim justifies the additional expense you may incur on legal fees. If you really feel you need a solicitor, it’s a good idea to check your insurance papers, as some policies will cover you for legal expenses.

However, you should not be afraid to approach Small Claims yourself. The Court has tried to make it as simple as possible so that everyone can do it.

For more information, check the Government’s advice on Small Claims at www.gov.uk/make-court-claim-for-money.

Find out more from Couchman Hanson

At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.

Call 01428 722189 or visit couchmanhanson.co.uk