DISPUTE RESOLUTION

We have a long established and enviable reputation for providing both our business and individual clients with sensible, commercial and pragmatic advice and guidance in disputes. Considered one of best teams in Warwickshire we are able to assist in a number of areas including:

BUSINESS
  • Contract disputes;
  • Consumer disputes;
  • Partnership disputes;
  • Property disputes;
  • Negligence disputes;
  • Fixed fee debt recovery;
  • Warranty and indemnity claims.
INDIVIDUALS
  • Contract disputes;
  • Consumer disputes;
  • Challenging or defending a Will;
  • Inheritance disputes;
  • Fixed fee debt claims;
  • Negligence claims.
RECENT INSTRUCTIONS
  • Assisted a commercial client in achieving settlement through mediation of significant damages for breach of contract together with legal costs.
  • Represented a manufacturer commercial client selling direct to the public in a consumer dispute in which a negotiated settlement was reached without adverse publicity for our client.
  • Collected a significant debt owing to a client which was affecting the viability of their business due to cash flow problems.
  • Successfully represented a client (who was funded by their insurer) in recovering damages and costs in a dispute concerning the purchase of a car.
  • Acted for a client where no provision was made for her in her partner’s Will. Successfully secured a life interest in the home they shared along with a lump sum payment from his estate.
DEBT RECOVERY CLAIMS

The debt recovery process is as follows:

  • Letter demanding payment from the debtor. The letter may need to be compliant with the Pre Action Protocol for debt claims (the “protocol);
  • If the debtor ignores the letter demanding payment then you may either wish to seek advice from us concerning insolvency options i.e. the service of a Statutory Demand or alternatively instruct us to issue proceedings in the County Court or High Court. The information below assumes proceedings will be issued in the County Court.

We offer a fixed fee service in debt recovery proceedings in the County Court as set out below. This assumes the proceedings are not disputed in which case we will discuss our further fees with you. The sums we charge in a disputed claim depend upon the many factors including the complexity of the issues arising, the circumstances in which the balance is owed and what your objectives.

The sums below do not include enforcement action if judgment is received. We are happy to offer a fixed fee service for enforcement and will discuss the options available to you along with our fees if you choose to instruct us to pursue enforcement of the judgment.

To ensure transparency our fees are split into the following stages:

  • Fee prior to issuing proceedings in the County Court in claims up to £50,000. If you are seeking to offer more than £50,000 then please contact us to discuss the nature of the sums being sought. We may be able to offer our services based upon the fixed fees set out below.
  • Fees to issue proceedings in the County Court;
  • Fees if the proceedings are defended.
DEBT VALUECOURT FEEOUR FEE (INCL. VAT (20%)) FOR PRE-ACTION CORRESPONDENCETOTAL
STAGE 1
Up to £10,000Protocol Compliant Letter £100
Non-Protocol Compliant Letter £75
£120
£90
Up to £50,000Protocol Compliant Letter £150
Non-Protocol Compliant Letter £100
£180
£120
STAGE 2.
Court fees are subject to change by the Ministry of Justice.
Up to £300£35Drafting and issuing proceedings and providing for service of claim by First Class Post by the Court.
£150
£180
£300 - £499£50
£500 - £999£70
£1,000 - £1,499£80
£1,500 - £2,999£115
£3,000 - £4,999£205
£5,000 - £9,999£455
£5,001 - £9,999£455£200£240
£10,000 - £25,0005% value of the claim£350£420
£25,000 - £50,0005% value of the claim£500£600

Anyone wishing to proceed with a claim should note that:

  • The VAT element of our fee cannot be reclaimed from your debtor.
  • Interest and compensation may take the debt into a higher banding, with a higher cost.
  • The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt.
  • The fees above include service of the claim by the court by first class post. Service by any other means will attract further fees.
  • The above assumes the debtor is located at the address you provide and does not include fees in tracing the whereabouts of the debtor.
  • The above applies only for a debtor domiciled or based in England and the applicability of the English laws.

Our fee includes:

STAGE 1
  • Taking your instructions and reviewing documentation
  • Undertaking appropriate searches from available public sources which require no payment;
  • Sending a letter before action;
  • Receiving payment and sending onto you.
STAGE 2
  • If the debt is not paid, drafting and issuing claim;
  • Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgement in default;
  • When Judgement in default in received, write to the other side to request payment;
  • If payment is not received within an agreed number of days, providing you with general advice on next steps and likely costs
STAGE 3
  • If proceedings are defended we will provide you with general advice on the next steps and our likely costs. This will not include advice on the basis of the defence or prospects of success.

Matters usually take 2-8 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. If a claim is issued then the time period is dependent upon administration resources of the court and the other side paying promptly on receipt of Judgement in default. If enforcement action is needed, the matter will take longer to resolve.

All work is supervised by a qualified Solicitor.

Specific experience can be seen looking at the individual profiles.

We are able to offer fixed fee packages in some circumstances – please enquire for further details.

TESTIMONIALS

GET IN TOUCH






Menu