A faulty pram or pushchair that the retailer will not repair, replace or refund can become a court matter if the price justifies it. The Consumer Rights Act 2015 gives the buyer statutory rights across the UK, but the court process differs by nation. This guide summarises how a small claim works in Northern Ireland, using nidirect, the official government website for Northern Ireland, and the Northern Ireland Courts and Tribunals Service’s Small Claims Guide. It covers Northern Ireland only; the site’s guides to a court money claim in England and Wales and a simple procedure claim in Scotland cover those nations. This is general information, not legal advice.
What counts as a small claim
Nidirect says the small claims process allows certain types of claim to be decided informally by the county court, usually without a solicitor or barrister. In general a small claim is one where the value claimed is not more than £5,000 and which does not relate to personal injuries, road traffic accidents, libel or slander, title to land, a legacy or annuity, or property of a marriage. If the sum at issue between the same parties is more than £5,000, the claimant must either abandon the amount above £5,000, which is expressly noted, or issue a civil bill in the county court for a full hearing, which nidirect says covers claims up to £30,000.
Nidirect describes two types of small claim. A liquidated claim is for a set amount, such as goods or services not paid for. An unliquidated claim is for an estimated amount, and nidirect gives faulty goods as an example, so a claim over a defective pram falls into this category. The Courts and Tribunals Service guide lists claims for faulty goods among the examples of claims that can be made. That guide’s text still refers to a £3,000 limit, which nidirect now gives as £5,000, so the guide’s figures should not be relied on and the current limit should be checked with nidirect or the court.
Before starting a claim
The Courts and Tribunals Service guide suggests trying first to settle directly with the respondent, the person or firm being claimed against. It recommends writing to them outlining the claim, keeping a copy of the letter and allowing a week or so for a reply. If the answer is not satisfactory, it suggests writing again to say that legal proceedings will follow unless the claim is settled, and then considering a claim.
The person who bought the faulty goods should be the one to make the claim, according to the guide. For the buyer’s underlying rights, including the 30-day and six-month periods, see the site’s guide to faulty pushchair consumer rights.
Checking the respondent can pay
Nidirect says the Enforcement of Judgments Office can, for a small fee, search for a person or firm before a claim starts. The search shows whether any enforced judgments have been registered against the respondent within the last six years. Nidirect warns that even a successful claimant may not get the money immediately, if at all, where the respondent has other judgments lodged. It adds that the court does not pay the amount awarded: it only decides who is liable.
Making the claim
The guide says the application form is available from the courts website or from court offices, Citizens Advice, Trading Standards or local advice centres. The claim may be issued in the county court division where either the claimant or the respondent lives or carries on business, and the respondent’s name and address should be accurate; for a limited company, the guide says to use the full company name and registered office address. A respondent that lives outside Northern Ireland but within the UK can still be claimed against under the Northern Ireland process, according to nidirect.
The Civil Processing Centre in Laganside Courts processes all cases at the start, and if a case is disputed it is then transferred to the office named in the application for a hearing. The fee depends on the amount claimed. If the claim succeeds, the respondent is ordered to pay the sum awarded plus the application fee and any other costs awarded, but an unsuccessful claimant does not get the fee back.
What evidence to gather
The guide says copies of invoices, receipts, written agreements and other documents supporting the claim must be submitted with the application. The guide says that where possible, the faulty item itself should be brought to the hearing.
What the respondent can do
Once the application is verified, nidirect says the respondent is posted a small claims pack with a copy of the application. The guide explains that the respondent may:
- settle the claim directly;
- admit liability, sometimes with a request for time to pay;
- dispute liability;
- counterclaim; or
- ignore the claim.
If the claim is disputed, the case is listed for a court hearing before a judge. If the respondent does not reply by the return date, the claimant can apply for a decree, and for an unliquidated claim such as a faulty pram the amount is assessed by the judge at a hearing. Nidirect says a decree made by the court is a County Court Judgment and may affect a respondent’s credit status.
Frequently asked questions
What is the limit for a small claim in Northern Ireland? Nidirect says it is generally £5,000.
Does the court collect the money for me? No. Nidirect says the court only decides who is liable and does not pay the amount awarded.
The bottom line
In Northern Ireland a faulty pram claim of up to £5,000 can go through the county court’s small claims process, usually without a solicitor. Write to the retailer first, gather receipts and evidence of the fault, check whether the retailer can pay, and remember that the court decides liability but does not collect the money.