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From what I understand, in English small claims courts the maximum claim is £10,000. Above this amount, the case needs to go through a different track.

If you are technically owed a greater sum than the limit, but are willing to reduce the claim in order to go through a less complex proceedure; are you able to claim the lower amount?

For example:

  • Owed £10,250 for work completed, with well documented evidence that shows this amount
  • Wish to go through small claims court, despite the limit of £10,000
  • Is there any issue with raising a claim in small claims for only £10,000 - even though the evidence shows you would have been entitled to more via a different track?

2 Answers 2

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I would think that there is nothing stopping you from claiming for a lower amount while reserving the right to pursue the additional difference subsequently, however, I’d be quite sure that you’d be entitled by general common law to write off the additional £250 and forgive that portion of the debt prior to the issuance of court proceedings. Anyone has the right at any time to forgive all or part of a unilateral debt. You don’t need a law to give you permission to forgo or forfeit a right that you don’t wish to assert.

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    please prove this with a citation
    – Trish
    Commented Dec 7, 2022 at 18:04
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    Your answer could be improved with additional supporting information. Please edit to add further details, such as citations or documentation, so that others can confirm that your answer is correct. You can find more information on how to write good answers in the help center.
    – Community Bot
    Commented Dec 7, 2022 at 18:20
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No, I am not from the U.K., but if the limit there is 10 thousand pounds, you can file a suit for up to that amount.

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    This doesn't make any attempt to answer the actual question. The OP already knows there a limit, but wants to know if they can voluntarily reduce their claim to match the limit and forfeit the balance. Also, $ and £ are different.
    – brhans
    Commented May 13, 2019 at 15:15
  • Uh, I told him he can file a suit to that amount.
    – Putvi
    Commented May 13, 2019 at 15:16
  • Please quit downvoting for no reason. Thank you.
    – Putvi
    Commented May 13, 2019 at 15:18
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    I appreciate you taking the time to answer. But in this case I am particularly wary of the specifics in my area (England&Wales); as the law varies greatly even within the UK as a whole. So an answer that may be generally true in most of the world - isn't guaranteed to be true for this specific region of the UK.
    – Bilkokuya
    Commented May 13, 2019 at 15:20
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    Re "if they did you could just lie": contradicting your own evidence isn't likely to win many actions. Commented Aug 19, 2019 at 8:07

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