I have used the services of the small claims court before successfully so here are a few facts you might like to know.
When you have filled in the form and the defendant is summoned they have only 3 options:
1. Ignore summons. Result: You win the case and they must pay in full
2. Admit liability and pay in full. Result: You win the case and they pay in full
3. Fight the case. Result: Even if the worst happens and you lose the case, all you can lose is your initial application fee (as little as £30). The other side have to pay all their own expenses even if they win the case.
Also, if you win the case and the defendant refuses to pay up you can pay an extra fee to enforce the judge's decision. That basically means that the bailiffs go in on your behalf and get all your money including the extra fee you have just paid. The most satisfying part about this is that if the defendant owes you, say £1000 then the bailiffs will lift roughly £4000 worth of stuff from the defendants property because it will be auctioned for less money and the bailiff also has to take his cut which can be a hell of a lot of money. Also, the defendant then gets a county court judgement against his/her name (that's those CCJ's you keep hearing about on those cheesy loan adverts).
To cut a long story short, if you think you have a good case then you have very little to lose. The simple action of summoning someone can make them immediately pay their debt to you.
Someone hit our hire car last week and took off. I got their details from CCTV and although I have contacted them and asked for damages they are trying to get out of it. They have already admitted liability to the police so I know I have a water-tight case. If they don't pay up within the next 2 weeks I will be sending off my summons for a mere £30. I relish the thought of it!
Good luck folks!
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