Does anyone here know how to go about taking someone to the small claims court? I have no idea where to start, who to see etc.

http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm

Be sure to post in the correct forum

1. Get an N1 form from the courts website
2. Fill it in
3. Photocopy and mail off to your 'target' with a letter explaining that it will be submitted to the Court on X date if a suitable resolution cannot be found ** THIS IS IMPORTANT - DON'T MISS IT OUT **
4. If no resolution, post/take to your local Court on the date specified with a cheque for about £30
5. Wait for the Court to write back

After that they will write to the defendant asking for their defence. You'll then get to read what they've written, then both sides need to do a 'allocation questionaire' which is basically just stating how long you think the case will take, whether you're happy to do things via an independant mediator as a first resort, etc. There's another fee to pay at this point too if you want to proceed.

If the matter is still not resolved a date will be set where you both go to Court and explain each side of the story. The judge will decide who's in the right, or an intermediate outcome, or to send to mediation.

In the case of mediation, someone from the mediation service will call both parties and try to negotiate a deal. If they can, an order will be passed to force both sides to carry out their obligations. If not, it's back to Court for a judge to decide.

That's pretty much all there is to it. However, 90% of the time you'll find step 3 makes payment arrive pretty quick!

EDIT to add disclaimer: I'm not a solicitor. Do not take legal advice from me

Chris

[Edited on 12/20/2010 by ChrisW]

What he said ^, particularly #3.

You can initiate it online now too: https://www.moneyclaim.gov.uk/

Can I suggest with No.3 you send it recorded, or preferably special delivery. Also given the experiences we've had demand the postie makes sure it's signed by a person and their name is given (we've had a bunch signed HBOS recently)

Much as I love doing things online, I've found the paper method is best for this situation. The moneyclaim thing does work, but far better results if you do it the old fashioned way.

BTW, #3 is called the 'letter before action'. It's part of the civil procedures rules part 1 that you send such a letter before starting proceedings. Whilst not doing so isn't necessarily grounds for the case to be thrown out, it's an easy one for the other side to pick up on if you've not done it.

Chris