Claims Company Not Paying You? How to Use Small Claims Court in England and Wales

If a claims company has received your flight compensation from the airline and still hasn't paid you after you've chased them, the county court can be the next step. In England and Wales, lower value claims are usually handled on the small claims track, which is designed for people to use without a solicitor.

This guide explains the process in plain English, from the letter you send first to what you can do if the company still won't pay after a judgment. It's a general overview: court rules, fees and limits change, so always check the current guidance on GOV.UK before you start.

This is general information, not legal advice. Court action has costs and risks. If you're unsure, speak to Citizens Advice or a solicitor first.

Before you start: check you're chasing the right party

Make sure you've confirmed that the airline actually paid the claims company. If you haven't yet, see our guide on how to check whether your flight compensation has already been paid. Evidence of payment from the airline makes your case much clearer.

Also check the company on Companies House. If it's in liquidation or administration, you generally can't continue a court claim against it in the usual way, and you'd contact the insolvency practitioner instead.

Step 1: Send a letter before action

Before going to court, you're generally expected to send a letter before action (also called a letter before claim). It gives the company a final chance to pay and shows the court you acted reasonably.

Your letter should normally include:

• Your name and address, and the company's registered name and address from Companies House
• A short summary: your flight, the date you signed up, and the airline's confirmation that it paid them
• The exact amount you're owed, showing the compensation minus their agreed fee
• A deadline for payment
• A clear statement that you'll start court proceedings without further notice if they don't pay
• Copies, not originals, of key documents

Send it by email and by post with proof of postage, and keep copies of everything.

Step 2: Start a money claim online

If the deadline passes without payment, you can start a claim. In England and Wales, most people use the government's online money claim service. You'll need:

• The company's full registered name and address
• The amount you're claiming
• A short, clear explanation of why they owe you the money
• A debit or credit card to pay the court fee

The court fee depends on the amount you claim. You can usually add the fee to your claim, so if you win, the company may be ordered to repay it. You may also be able to claim interest.

Keep your description factual: who, what, when and how much. You don't need legal language.

Step 3: What happens after you issue the claim

The court sends the claim to the company, which then has a set time to respond. Broadly, the company can:

• Pay you in full, which ends the matter
• Admit it owes you and offer to pay, sometimes in instalments
• Defend the claim, in which case it may go to mediation or a hearing
• Do nothing, in which case you can usually ask the court for judgment in default

If the claim is defended, the court may offer a free small claims mediation service before any hearing. Many claims settle at this stage.

Step 4: County court judgment (CCJ)

If you win, or the company doesn't respond, the court can issue a county court judgment against it. A CCJ is a court order saying the company must pay you.

If the company doesn't pay within the time allowed, the judgment can be entered on the public register of judgments. That can affect the company's ability to get credit, which is sometimes enough to prompt payment.

Step 5: If they still don't pay

A judgment doesn't automatically put money in your account. If the company ignores it, you can ask the court to enforce it. Options can include:

• A warrant of control: enforcement agents (bailiffs) may visit the business to collect payment or take goods to sell
• Transferring to the High Court for enforcement by High Court enforcement officers, for judgments above a certain amount
• A third party debt order: money can be taken from the company's bank account
• A charging order: secures the debt against property the company owns

Each option has its own fee, and none is guaranteed to work, particularly if the company has no money or assets. Think about which is most likely to succeed before paying for it.

Time limits

There are time limits for bringing a court claim. For claims based on a contract in England and Wales, the general limit is six years, but don't leave it late: evidence is easier to gather and companies are easier to find while things are fresh.

Scotland and Northern Ireland

This guide covers England and Wales only. Scotland uses the simple procedure in the sheriff court, and Northern Ireland has its own small claims process, with different rules and limits.

Frequently asked questions

Do I need a solicitor for small claims court? Usually not. The small claims track is designed for people to represent themselves, and legal costs you can recover are limited anyway.

Can I get the court fee back? If you win, you can usually ask for the court fee to be added to what the company must pay. Whether you actually recover it depends on whether the company pays.

What if the claims company is based outside England and Wales? It gets more complicated. Get advice before issuing a claim.

Will a CCJ guarantee I get paid? No. It's a court order, but if the company has no money, enforcement may not recover anything. That's why prevention matters.

The easiest dispute is the one that never happens

None of this is necessary if your compensation never passes through a claims company in the first place. At Klaimly, airlines pay you directly, and we only invoice our flat 5% fee after you've been paid. Read our guide on how to choose a flight compensation company safely, or start your claim with Klaimly.