MONEY COMMENT
DIY Sue And Save

By Jane Mack (TMFJane)
February 23, 2004

Have you ever felt like suing the pants off somebody? Perhaps you've had no joy with getting your builder to correct his bad workmanship or, for spurious reasons, your erstwhile landlord has refused to give you back your deposit. Or what about the travel company that sent you on a nightmare holiday but refuses to accept responsibility and give you a refund?

You don't need to go to the expense of employing a solicitor to get your money back. As long as you're not after more than £5,000 you could take action yourself via the small claims track in the County Court.

Small claims typically involve faulty goods or workmanship, property damage, bad debts or disputes about ownership. You can also claim for personal injury although only up to a maximum of £1,000. Judging from the accounts of people on our Legal Issues discussion board who've done it, it's a pretty easy process to follow and these days you can even do it online.

For one thing, it forces the other party into action. Even the threat of court action can make them pay up especially if they've just been trying to fob you off while knowing you've actually got quite a good case. People don't usually ignore a legal summons and if they do, you can ask the court to register a judgement in their absence. If your claim is disputed then the judge can either make a decision based purely on the paperwork supplied by both sides or hold an informal hearing to get further details from you and the defendant.

The idea behind the small claims court is that individuals should be able to conduct their own case so you won't be expected to know the legal ins and outs. And if you're worried about speaking in court yourself you can get a friend to do it for you.

Depending on how much you're suing for, you'll have to pay court fees of between £30 and £130 plus an allocation fee of £80 if you're claiming more than £1,000. But you can make these fees part of your claim so you'll get them back if you win. If you lose you won't get your money back but you won't have to pay the other side's costs unless the judge thinks you've behaved frivolously or unreasonably.

Bear in mind that there's no point in suing someone who can't afford to pay up and, if they refuse to pay up, you'll need to pay further court fees to enforce the judgement. But if you succeed not only will you recoup your losses but you'll have saved yourself a bundle in legal costs too.

Find out more about Small Claims and ask questions on our Legal Issues Discussion Board