What happens if my claim is disputed?

If your claim is disputed and it is for a fixed amount and the defendant is an individual who lives or carries out their business in another court's area your claim will be transferred to their local court for the hearing. You can ask for it to be transferred to another court if you have good reasons and you will have to pay a fee for this.

If the defendant is a limited company and you think the claim may be disputed (validly or not) remember you do not have to sue the company at its registered office. It may be more convenient for you to sue the company at its place of business eg the shop or local office.

You and the defendant will be asked by the court to complete a Directions Questionnaire. You will have to pay a fee if the amount claimed exceeds £1000. The court uses this information to allocate your case to the appropriate track for your claim. There are 3 tracks:

• the small claims track (usually for claims under £10,000)
• the fast track (usually for claims between £10,000 and £25,000)
• the multi-track (usually for claims over £25,000 or more complicated claims)

Each track has a different way of handling claims. They consider the value, the complexity and the need for expert reports. Your claim will be given a hearing or trial date and you will told what to do to prepare for your hearing.

Even at this stage it is not too late to consider alternative ways of resolving your dispute.

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