Sometimes companies simply ignore you. If you have tried complaining, chargeback, Section 75, and ombudsman routes without success, small claims court is the final step many UK consumers use to recover money they are owed.
This guide explains when small claims makes sense, how much it costs, and how to prepare a refund claim that wins.
What Is Small Claims Court?
Small claims is part of the County Court in England and Wales for lower-value disputes. It is designed to be used without a solicitor for straightforward consumer cases.
Scotland uses the Simple Procedure; Northern Ireland has its own small claims process — check local guidance if you are outside England and Wales.
What You Can Claim For
Common consumer small claims:
- Faulty goods — retailer refused refund
- Poor service — work not done or done badly
- Non-delivery — goods never arrived, seller unresponsive
- Holiday or travel — compensation or refund owed
- Deposit disputes — landlord or trader kept money unfairly
- Unpaid invoices owed to you (if you are a sole trader)
Claim Limits and Costs
| Amount claimed | Court fee (approx.) |
|---|---|
| Up to £300 | £35 |
| £300.01 – £500 | £50 |
| £500.01 – £1,000 | £70 |
| £1,000.01 – £1,500 | £80 |
| £1,500.01 – £3,000 | £115 |
| £3,000.01 – £5,000 | £205 |
| £5,000.01 – £10,000 | £455 |
Current fees are on GOV.UK. The maximum small claim is £10,000 in England and Wales.
If you win, the defendant may be ordered to pay your court fee back.
Before You Go to Court
Courts expect you to have tried to resolve the dispute first. Your evidence trail should show:
- Initial complaint to the company
- Follow-up after no response
- Escalation attempts (chargeback, ombudsman, etc.)
- Final "letter before action" giving 14 days to pay or resolve
Skipping straight to court without trying can hurt your case or lead to cost penalties.
A complete timeline of your complaint efforts is essential court evidence
Step-by-Step: Making a Small Claim
- Calculate your claim — refund amount plus any direct losses (not distress, usually).
- Send a letter before action — final chance to settle.
- File online at Money Claim Online (England & Wales).
- Pay the court fee.
- Defendant responds — they can admit, defend, or ignore.
- Prepare for hearing — organise evidence bundle.
- Judgment — if you win, enforce payment if they still do not pay.
Evidence That Wins
- Contract, receipt, or order confirmation
- Photos of faults or non-delivery proof
- All emails and letters (chronological)
- Chargeback/ombudsman outcomes (even if rejected)
- Witness statements if relevant
- Expert quote for repair costs (higher-value faulty goods cases)
Your formal complaint letters become key exhibits in your evidence bundle
If the Company Ignores the Claim
If they do not respond within the court deadline, you can request judgment in default — often straightforward.
If they defend it, the court may list a hearing. Many consumer cases settle before that point once court papers arrive.
After You Win
A court order does not automatically pay you. If they refuse, you may need to enforce via bailiffs (High Court Enforcement Officers) or attachment of earnings — further steps with additional fees.
Still, many companies pay once judgment is entered.
Using Refundly Before Small Claims
Refundly helps you build the case file courts expect:
- Track every complaint and response date
- Generate formal letters including letter-before-action format
- Export a PDF evidence bundle
- Know when you have exhausted other routes and court is appropriate
Final Tip
Do not claim exaggerated amounts. Courts award actual losses — stick to the refund and costs you can prove. A precise, well-documented £400 claim beats a vague £2,000 claim every time.