First, you need to establish that you have a legal basis for your claim, consulting your solicitors if necessary. Next, you need to notify the other party, in writing, that you are considering commencing court proceedings, giving them an opportunity to put things right (for example, by paying an outstanding debt, or negotiating an acceptable settlement). If they fail to do so - and you believe they will be able to satisfy any judgment (see question 14, below) - you may proceed with a claim.
To start court proceedings you need to complete a claim form and send it to the appropriate court (for example, your local county court), together with particulars of your claim and a court fee. In the case of simple debts, you can start the claim online via Money Claim Online, which can be found on the
court service website (www.moneyclaim.gov.uk).
For more complicated claims, you would probably do better to use your solicitors, who will draft the claim for you and issue it at court. A copy will then be sent to the other party, who will have time to respond. If they intend to fight the claim, the court will allocate the case to one of three tracks:
- small claims (claims with a value of less than £5,000);
- fast track (claims with a value of £5,000 - £15,000); and
- multi track (complicated claims/claims with a value in excess of £15,000).
The court will also make an 'order for directions', setting out how the case is to be conducted - for example, when documents are to be disclosed, what the timetable will be and so on - so that both parties can prepare for the trial. Finally the claim will be 'listed' for trial before a particular judge, who will decide the outcome.
