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CLAIM PROCESS The Main
Alternatives
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Your claim can be
processed in one of two different ways:
- By using the
County Court Small Claims Track
- By using the
County Court Fast Track
The key issue as to which alternative
is selected is one of the quantum of the claim.
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Small Claims
Track
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The Small Claims Track is essentially for
claims of £5,000.00 or less. The court has descretion to allocate claims
in excess of £5,000.00 to the Small Claims Track and often does. The
whole idea of Small Claims is to provide a simple court procedure which does
not rely on legal proffessionals or strict rules of evidence. This is fully
explained at Small
Claims Court .
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Fast Track
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Fast Track is
usually for claims in excess of £5,000.00 and below £15,000.00.
When a claim is allocated to the Fast Track Civil Procedure Rules are usually
invoked and care must be taken to follow the correct process. Ignoring the
rules of evidence or directions can result in the claim being struck out and
the penalty of a costs order.
It should be noted that most holiday
claims are settled using the Small Claims Track.
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Prior To
Action |
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Prior to legal action (litigation)
the Defendant will be invited to propose a financial settlement. This can
result in an early settlement but essentially it provides the court with the
knowledge that settlement was attempted prior to litigation.
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Our Support Service
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Claim Link will
prepare your claim, submit details to a solicitor or the court as appropriate
and guide you through to the final completion of the claim process.
If
a firm of solicitors is used we will provide a full briefing and arrange for an
appointment for you to meet with the lawyer handling your claim. With the Small
Claims Track we prepare your claim documents, advise you as to procedures,
negotiate claim settlements and provide a telephone, fax and email support
service.
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What You Need To Do
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In order to
commence the claim process please look at the most appropriate claim category
on the left and proceed to the appropriate submit form. Alternatively, you can
click on to the button below and proceed to our quick submit form.
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