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 £100,000. If you are seeking to offer more than £100,000 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. The fees below apply where the claim form is issued, if we are instructed to prepare seperate perticulars of claim then our normal hourly rates would apply – presently Matthew Blood £250 Per Hour Plus VAT charged at 20% / Peter Tracy £225 Per Hour Plus VAT charged at 20%.
Fees to issue proceedings in the County Court;
Fees if the proceedings are defended.

DEBT VALUE	COURT FEE	OUR FEES	TOTAL
STAGE 1
Up to £10,000		Protocol Compliant Letter £100 Non-Protocol Compliant Letter £75	£120 £90
Up to £50,000		Protocol 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	£35	Drafting and issuing proceedings and providing for service of claim by First Class Post by the Court. £250	£300
£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	£300	£360
£10,000 - £25,000	5% value of the claim	£500	£600
£25,000 - £50,000	5% value of the claim	£750	£900

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.

VAT is charged at 20%.

TESTIMONIALS

Julie – you worked hard to help us secure the purchase of our new home. We really appreciate all you did and for keeping us informed. You are brilliant!!

Great advice. Very helpful and friendly staff. Would definitely recommend!

We really appreciate your hard work especially in such a busy time.

We used Cocks Lloyd for purchase of our new build home and found them very helpful. Emma Billings and her team were very thorough, had an eye for detail and kept us fully updated throughout the whole process. We would highly recommend them and would use them again.

Hi Mat – I would just like to thank you for advising and acting for us with regards to my dad’s estate. An excellent service. I would like to especially mention Mary who had an excellent client manner and is very efficient. A credit to Cocks Lloyd.

Thank you so very much.

This business with my mother’s estate was the first time I had any involvement with legal affairs of this nature. The professional manner with which you executed the process alleviated me from any apprehension that was present in my mind.

It is with sincere gratitude that I wish to commend you and your staff (Mary Hannah Elson and Dawn Crisp) for the efficient service extended to me.
I truly appreciate the patience and understanding with my sometimes delayed response to your queries across the miles between the UK

Ourselves and the family would like to thank you for the excellent service you provided, and particularly for your sensitivity in dealing with both our loss and naivety.

May I thank you for all your help with my late wife’s estate in what has been a very difficult time in my life.

To Mathew and your probate team, your service have been quite supreme. My legacies are safely banked, and all of you must now be thanked. You’re excellent at what you do!

Found it easy to choose and felt at ease.

Your care was impressive and stands out from other professionals we are involved with.

Very sensitively and professionally handled.

I was advised by my Accountant to contact Mrs Wilkinson – I think you give a first class service.

I would like to thank you for your professional advice and support through what was a difficult time for me. Always giving clearly thought out advice and concise advice, you are a credit to your profession.

You come highly recommended via my company financial adviser – first class.

Cannot fault, Thank you. Excellent efficient service this week. Sharon, very much appreciated!

Been struggling to sell my property for over 18 months, through another solicitors. Cocks Lloyd stepped in and stepped up, sorting out many issues to do with my lease held property. Sorting everything out whilst keeping me informed at every step. Emma Billings is a credit to your firm. Thank you for everything. Exchanged contracts Tuesday completed Friday brilliant service.

Emma dealt with a couple of house sales in Nuneaton for Deeley Group. She showed a professional maturity beyond her years, was conscientious and was always available to speak to. She chased the other side as often as necessary and allowed me to breathe a sigh of relief knowing the sale was in safe hands and was not going to fall behind deadlines if Emma could possibly help it!!

Peter provided an excellent service and was highly professional.

Cocks Lloyd were recommended to us by a local agent and I would happily recommend them on to my clients. Good Luck for the future Emma.

I will recommend you to my friends and family for both the advice you gave but more importantly to me for the support you provided.

Thank you for recovering possession of my house from those problem tenants, you made everything so easy for me.

Matthew, thank you for your extremely practical advice. It is refreshing to be told not to pursue a claim and to remain patient rather than taking action. Your advice saved me money in legal fees and probably time too.

Peter was knowledgeable, polite, efficient and an excellent choice for myself and I was made to feel comfortable throughout.

I have used Cocks Lloyd Solicitors previously and have been very satisfied with you in all respects.

I was very pleased with the service!

You are very efficient!

Matthew Blood explained the situation very clearly. He understood my problems and supported me.

It is with sincere gratitude that I wish to commend you and your staff for the efficient service extended to me.
This business with my mother’s estate was the first time I had any involvement with legal affairs of this nature. The professional manner with which you executed the process alleviated me from any apprehension that was present in my mind.
Thank you so very much.

Thank you for your help with our house move and all your help and support throughout the process.

Just a quick note to thank you so much for your work help and understanding in dealing with my Dad’s Estate. You made a very difficult time bearable.

My wife & I recently used the services of Martin Kimberley of Cocks Lloyd to renew our Wills, he was able to recommend some changes to ensure they are fully compliant with current legislation. The service provided was extremely thorough and professional and I would have no hesitation in recommending Cocks Lloyd for any legal matters.

DISPUTE RESOLUTION