Which? Survey Reveals Small Claims Confusion
Consumer Rights Solicitors.
Court action is often in the form of a small claim and you can issue a small claim for almost any incident that breaches a contract you have made and where the value you wish to recover is under £10,000. A small claim can be made against a business, a sole trader or any other individual that you have a dispute with.
Knowing your rights and having a clear understanding of the various legal options open to you can help get the problem rectified.
What problems are classed as a consumer dispute?
- Being sold faulty electrical goods
- Furniture that is substandard quality or not as described
- Non-delivery of goods bought online
- New motor vehicles that are defective
- Poor quality work from tradesman (builders, plumbers, electricians etc.)
- Service or product warranty disputes
- Repairs that were negligent or of poor workmanship
- Refund problems with retailers, traders or sellers
Importantly the Consumer Rights Act does not apply to private sales or services between individuals, however you can still pursue the matter via the small claims court.
Enforcing your consumer rights.
If these rights are breached then you may have a claim against the retailer or supplier. A core element of your consumer rights is your right to reject where you have 30 days from the date you take delivery or ownership of the item to reject the product and get a full refund, repair or replacement. So never put off dealing with a problem.
Often retailers will put things right when you first inform them of the problem, but if this doesn't occur then you need to be aware of your next options which generally are:
- Go through the company's complaints procedure
- Escalate the issue to an Ombudsman or Trade Association (if available)
- Make a claim in the small claims court yourself or through a retail solicitor
We've created various free guides to help you through this process which can be viewed or downloaded at the bottom of this page. But if the issue isn't resolved informally, then the next step is to consider formal legal action and seek advice from consumer law solicitors.
Small Claims Solicitors.
Dispute Legal Advice
If the other party is disputing your right to a refund or repair, our fixed fee consumer or small claims legal advice service gets you access to a consumer dispute lawyer at an affordable price
Issue Small Claim Proceedings
If following a legal review and Letter Before Action your dispute has not been resolved, we will commence formal legal proceedings
These services are suitable for most small claims where legal advice has not previously been obtained, are valued under £10,000 and incurred in England or Wales. If the amount you wish to recover is greater than £10,000 we may still be able to help so please contact us with details.
Contact our Small Claim Solicitors.
Second hand goods and used vehicles.
This is especially relevant to used car sales. For example at the point of sale at a dealership, a used vehicle should be roadworthy and safe to drive. However its age, mileage, servicing and accident history will all need to be taken into account when considering if it was of 'satisfactory quality' should a fault occur after purchase.
For further information and examples, you can read our guide on The Consumer Rights Act and Second Hand Goods.
How to make a claim in the Small Claims Court.
Whether you want to settle a dispute, gain compensation for what you have spent to put things right or simply recover money owed to you, making a small claim could help you reach a solution if all other attempts to resolve have failed.
What can I make a small claim for?
Obtain a refund after being sold faulty or unsuitable goods from a retail shop, online or trader.
Compensation for services that were not to an appropriate standard, to your satisfaction or the agreed contract. E.g. building work, car repairs, equipment installation etc.
Recover overdue debts and the related interest from a loan you have made to an individual or business.
Court proceedings should always be a last resort in trying to resolve any dispute. However if letters and complaints aren't getting you anywhere then the small claim process can help you achieve a settlement without incurring huge legal fees.
When starting a small claim you should always be prepared to ultimately go to a court hearing, but the whole process is designed for you to reach agreement before it gets that far. For your case to be suitable for a small claim its total financial value must be less than £10,000.
Advantages and Risks of making a small claim.
- More difficult for the other party to ignore than a complaint letter, email or call
- Can be done online with fixed court fees, and if you win your opponent will have to repay the fixed court fees back to you as part of your claim
Risks involved with a small claim:
- If you lose you may have to pay the expenses of the other party
- Only limited legal fees can be included in your claim if you choose to instruct a solicitor for small claims
- If the court approves an expert to be used you may have to contribute to their fees if you lose
Our free guides to resolving a dispute and making a small claim.
To assist we provide free guides on submitting a claim yourself as well as explaining our fixed fee services to help with specific legal areas such as drafting a letter before action. Find out more by viewing the below guides.
What our consumer clients say.
"Used their services for a dispute with a car trader and Jane was brilliant. Informed me every step of the way and successfully resolved the dispute before going to court. Highly recommend."
"Very friendly professional people who take care to guide through the legal minefields"
"An absolute pleasure to deal with in regard to a faulty product claim that I made against a national bicycle vendor. Prompt, friendly and incisive advice and service."
"I would highly recommend the team at Catalyst Law for anyone wanting legal advice on a consumer law problem. They provided an excellent service and straightforward advice that was clear and easy to understand."