Claim for a debt which is not disputed
These costs apply where your claim is in relation to a debt or unpaid invoice which is not disputed and enforcement action is not needed.
* Interest and compensation may take the debt into a higher banding, with a higher cost.
Our fee quoted above does not include matters where enforcement action is needed to collect your debt.
Our fee includes:
- Taking your instructions and reviewing documentation
- Undertaking appropriate searches
- Sending a letter before action
- Receiving payment and sending onto you, or 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 21 days, providing you with advice on next steps and likely costs
Matters usually take 4 to 12 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgement in default.
If enforcement action is needed, the matter will take longer to resolve. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be a fixed fee (e.g. if a one-off letter is required), or an hourly rate if more extensive work is needed.
Claim for a debt which is disputed
If the other side responds to a letter before action by saying that the claim is disputed in whole or part, or if a defence to the claim is filed then the costs of pursuing your claim will be higher. The total amount of costs will depend on such factors as the nature and value of the claim, the merits of the defence, and in particular whether the matter proceeds to a final hearing (trial) or whether a settlement is achieved.
As a general rule where the claim is for £10,000 or less (small claims track) the court will not usually order the unsuccessful party to pay the successful party’ legal costs other than reimbursement of the court fees incurred. If the claim is for more than £10,000 (fast-track or multi-track claims) the court will usually order the unsuccessful party to pay the successful party’s cost; however, the court has a discretion as to what order it makes in relation to costs. It should be noted that the court will not always order the unsuccessful party to pay all of the successful party’s costs.
We will discuss the costs of a defended claim with you in more detail if the claim is opposed and provide you with an estimate of the total likely costs at that stage. Our fee will be based on the total time spent on the matter. The current hourly rates for cases which go to court are: