Most pram disputes end with a repair, replacement or refund after a firm letter. When a retailer still refuses, the next step for a buyer in England or Wales is a county court money claim, the process that was often called the small claims court. This guide follows GOV.UK’s official guide to making a court claim for money. Scotland and Northern Ireland use different processes, which GOV.UK points to separately, so this guide does not apply there. It is general information, not legal advice.
When a court claim comes into the picture
A court claim is a last step rather than a first one. The site’s guide to faulty pushchair rights explains the remedies available, and the guides to Section 75 and chargeback describe routes that can recover money from a card issuer without going to court. GOV.UK describes a court claim as a way to apply to a county court to claim money owed by a person or business, and adds that a mediation service could be quicker and cheaper than going to court.
Making the claim
GOV.UK states that a claim can be made online or by post. The online route is not available in certain situations, including where the amount claimed is not known, where the claim is against three or more people or organisations, where a party does not have an address in England or Wales, or where the claim is against a government department. In those cases the paper form N1 is used. The online service asks for the name, address and email address of the person or business being claimed against, and either a debit or credit card to pay the court fee or a help with fees reference number.
What it costs
The GOV.UK page on court fees says the fee is based on the amount claimed, plus any interest. The bands shown on that page are:
- up to £300: £35;
- £300.01 to £500: £50;
- £500.01 to £1,000: £70;
- £1,000.01 to £1,500: £80;
- £1,500.01 to £3,000: £115;
- £3,000.01 to £5,000: £205;
- £5,000.01 to £10,000: £455.
Fees are set by the government and can change, so the GOV.UK page should be checked at the time of claiming. The same page notes that further fees may arise later, for example if there is a hearing or a judgment needs enforcing, and that the fee may be recoverable if the claimant wins. People on a low income or certain benefits may be able to get help with fees, which must be applied for before making the claim online.
What the retailer must do
After a claim is made, GOV.UK says the details, including the claimant’s name and address, are sent to the defendant, who must respond. The claimant receives a letter or email giving the date by which the response is due. If the defendant does not respond or refuses to pay, the claimant can ask the court to order payment by requesting a judgment, using the online service or the request-for-judgment forms N225 (fixed amount) or N227 (unspecified amount) for paper claims.
Mediation for claims up to £10,000
GOV.UK explains that when a claim is for £10,000 or less and the defendant disputes it, the claimant will be told they must attend mediation. The court organises it and the service is free. A mediator from HM Courts and Tribunals Service speaks to each side separately by telephone to explore options, and the appointment lasts up to one hour. A verbal agreement reached at the appointment is legally binding, according to GOV.UK.
Attendance is not optional. GOV.UK says that if a party does not attend, they will usually need to go to a court hearing instead, and that where mediation was compulsory the judge can impose sanctions for failing to attend or make an effort to reach agreement, including striking out the case or an order to pay all court costs even if the party wins.
What happens at a hearing
If the case proceeds, GOV.UK says the court may send a questionnaire to be completed and returned, with an extra court fee. At a hearing, a party can represent themselves, pay for a barrister or solicitor, ask someone to advise them in court, or ask someone to speak on their behalf, which may need the court’s permission. For claims under £10,000, GOV.UK says the hearing can be in the judge’s room or a courtroom in a county court. The decision is given on the day and copied by post. A person who thinks the judge made a mistake can appeal within 21 days of receiving the decision.
Frequently asked questions
Do I have to go to court to get my money back for a faulty pram? No. GOV.UK presents court as one route, with mediation described as usually quicker and cheaper, and chargeback or Section 75 claims sometimes available first.
Can I claim through the court if I live in Scotland? GOV.UK says there is a different process in Scotland and in Northern Ireland, so this guide’s steps do not apply there.
What if the retailer is overseas? The online service is unavailable where a party does not have an address in England or Wales, so a paper claim or other advice would be needed.
The bottom line
A county court money claim is a structured last resort for a faulty pram in England or Wales. The fee rises with the claim size, from £35 up to £300 to £455 for claims of £5,000.01 to £10,000, mediation is compulsory for disputed claims of £10,000 or less, and the fee can be recoverable if the claim succeeds.
Sources
- GOV.UK, "Make a court claim for money: What a court claim is"
- GOV.UK, "Make a court claim for money: Make a claim"
- GOV.UK, "Make a court claim for money: Court fees"
- GOV.UK, "Make a court claim for money: Resolve your claim through mediation"
- GOV.UK, "Make a court claim for money: What happens at the hearing"