Small claims court question

[sherrardk]

If you pursue someone for unpaid monies through the small claims court, and you are successful, do the court automatically include court fees etc in the amount awarded to you (or do you have to include them in the original claim)? Thanks.

[Barmaid]

No, the costs are extra. Indeed if you look at the claim form there are boxes at the bottom for
Amount of Claim
Court issue fee
Solicitors costs

The costs in SCC are fixed. When you do the claim form you include a "pleading" in the claim for costs - eg

AND THE CLAIMANT claims
1) damages for breach of contract
2) interest pursuant to s69 County Courts Act 1984
3) costs

If you are successful to recovering the claim, you are then entitled to the fixed costs - issue fee, allocation fee, hearing fee and solicitor's fee. You may also get further costs if the other side have acted unreasonably.

[sherrardk]

Thanks for that Barmaid. A (very) awkward customer has taken it upon himself not to pay us £300 of the quote/invoice - he has been a pain in the butt all along and we knew he would be tricky. Thanks again.

[tonywiltshire]

Little to add except do not expect the County court to recover your £300 if you obtain judgment, they will do nothing it is up to you. You will probably have to use county court bailiffs to seize goods if they do not pay.