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General Legal Problems

General Legal Problems

We are confident that we can assist with any legal issue you may have, including: –

  • General consumer issues
  • Neighbour disputes
  • Statutory declarations
  • Contract disputes
  • Uninsured loss recovery

Debt Collection – Fees & Funding

Our Fees – Range of Costs

It is difficult to offer “menu pricing” in respect of our fees for debt recovery. In our experience, no two claims are alike and all claims will have a different final cost. What must be considered is that a debt collection case may be satisfactorily resolved with a very low initial cost. Whilst acting for potential Claimants in many cases we can achieve a very positive outcome by sending a “Letter of Claim” which is the first step in the legal process and this can be relatively low cost depending on the nature of the case.

Please note only a small number of our debt recovery cases end at trial in Court. Most end with a settlement for our client. Of course we will always seek to advise on any issues at the outset of the case.

However, in order to comply with the requirements of our Regulator (the Solicitors Regulation Authority or “SRA”), we set out the following “menu pricing” for typical debt claims and also an estimated range of costs for bringing a case from the start right to a final hearing.

By debt recovery we mean:

  1. Breach of Contract;
  2. Unpaid invoices;
  3. Loans to friends and acquaintances (none-profit loans);
  4. Others

Please note we have 1 partner in the debt collection department, Mohinder Gill, who charges £336.00 per hour (incl. VAT) and Elliot Hammer, solicitor, who charges £222 incl. VAT per hour). We also have a paralegal in the department who charges £145.20 per hour (incl. VAT).

There are a number of ways to finance your debt recovery case:

Legal Expenses Insurance

If you or any adult living in your household has any home contents insurance (or any other kind of insurance), then you should check the policy to see if it provides cover for legal costs. If you do, the insurance company will pay your legal costs and it should offer you the right to choose any firm of solicitors of your choice. We are regularly instructed by insurance companies to represent our clients.

Businesses may also have the benefit of legal expenses insurance to cover the cost of claiming or defending in debt matters. Please check

No Win No Fee – Damages Based Agreement

Damages-based agreements (“DBAs”) are a form of contingency fee, or “no win no fee”. A DBA is an agreement for you to pay us a percentage of your compensation or settlement monies instead of paying our costs upfront. There are complex regulations concerning DBAs and we can advise if one is appropriate for your case.

If your claim does not succeed then you do not pay us any costs so long as you have complied with the terms of the agreement.

If we decide that your case has good prospects of success and you wish to fund your claim under a DBA then we will explain exactly how it works and provide you with all of the necessary information before you go on to sign it.

Contingency Fee Agreements (“CFAs”) are another form of contingency fee, or “no win no fee”. Under a CFA agreement we record the amount of time spent on your case but do not charge you our hourly rate unless you are successful in your claim; however, given you are successful and likely to benefit from a costs order by the Court, your opponent then will have to pay our fees (or a large percentage) under the CFA.

Again, if your claim does not succeed then you do not pay us any costs so long as you have complied with the terms of the agreement.

Please note that disbursements (which are costs payable to a third party such as Counsel’s fees, expert’s fees or Court fees) will be payable whether you win or lose.

Privately Paying – Agreed Fixed Fee

This method of funding is usually offered where we can easily predict the likely costs in advance. The fixed fee will be payable irrespective of whether the case is won or lost but provides our clients with a definite predictable cost from the outset so that they can achieve certainty when budgeting.

Privately Paying – Agreed Hourly Rate

In some cases paying for our services on an agreed hourly rate may be the most suitable way of funding your claim. It may be that your claim is of a very high value and you prefer to manage your costs in this way. Alternatively, you may have a claim that is not particularly strong but you still wish to bring because of the importance of it to you or because you are pursuing an outcome other than compensation.

We will provide you with an estimate of the likely costs at the outset and update you regularly throughout the progress of the case. Using this method you pay for your costs irrespective of the outcome. Our hourly rates range from £146 inc. VAT per hour to £350 incl. VAT per hour depending on the type of work undertaken and level of employment lawyer required

Typical case pricing for a business to business debt that is not disputed

These costs apply where your claim is in relation to an unpaid invoice which is not disputed and enforcement action is not needed. 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 on a fixed fee (e.g. if a one off letter is required) or an hourly rate if more extensive work is needed.

Debt ValueCourt FeeOur Fee (incl VAT)Total
Up to £5,000£205£500£705
£5,001 – £10,000£455£800£1255
£10,001 – £50,0004.5% of the claim£1000£TBC
£50,001 -£100,004.5% of the claim£1200£TBC

 

Our fee includes:

  1. Taking your instructions and reviewing documentation;
  2. Undertaking appropriate searches;
  3. Sending a Letter Of Claim;
  4. Receiving payment and sending it onto you, or if the debt is not paid, drafting and issuing the claim;
  5. Where no Acknowledgement of Service or Defence is received, applying to the court to enter judgment in default
  6. When judgment in default is received, writing to the other side to request payment;
  7. If payment is not received within 21 days, providing you with advice on next steps and likely cost.

These charges are for solicitors only. If you wish to instruct a Partner of the firm the charges will be higher but we can provide a costs estimate in that case.

Typical case pricing for a disputed debt

These charges are also for straightforward claims: there are many factors that can make a case more complex and we can advise on the likely.

Debt ValueCourt FeeOther Disbursements (incl. VATOur Fee (incl. VAT)Total
Up to £10,000£455£500 – £1,000£1,500 -£2,000£2,455 – £3,455
£10,001 to £24,999£1124£1,001 – £3,000£2,001 -£7,500£4,126 – £11,624

(note costs recovery of around 50% – 60% if successful in claim

£25,000 to £50,000£2,500£3,001 – £5,000£7,501 – £12,000£13,002 – £19,500

(note costs recovery of around 60% – 70% if successful in claim)

£50,000 to £100,000£4,500£5,001 – £10,000£12,001 – £25,000£21,502 – £39,500

(note costs recovery of around 60% – 70% if successful in claim)

Other disbursements referred to above includes:

  1. Counsel’s fees;
  2. Expert’s fees;
  3. Travel fees;
  4. Photocopying fees

Please remember that you will need to pay the disbursement costs up front (i.e. before they are incurred) and (if you are on a DBA or CFA) will need to be paid whether you win or lose.

Please also remember that all claims above £10,000 (if successful) will normally attract a costs order against the losing party. That means if you are successful (either as a Claimant or Defendant) some of your fees will be recoverable against your opponent). Recovery rates range from around 50% to 70% of your costs ( in some cases you can recovery between 80% – 90% but these are rare).

Our fee / disbursements includes:

  1. Taking your instructions and reviewing documentation;
  2. Undertaking appropriate searches;
  3. Sending a Letter Of Claim and taking instructions on any response;
  4. Issuing your claim (normally instructing a barrister to prepare the Particulars)
  5. Considering and taking your instructions on the Defence;
  6. Instructing Counsel to attend any preliminary hearing;
  7. Instructing any necessary expert;
  8. Preparing your witness statements and considering and taking instructions on your opponents
  9. Preparing your disclosure and considering and taking instructions on your opponents;
  10. Preparing for trial
  11. Instructing Counsel to represent you in the trial / final hearing;
  12. Settlement negotiations throughout;
  13. General client care and liaison and opponent liaison throughout.

Our costs do not include enforcement action or appeal of any Order.

How long will my matter take?

The time it takes from taking your instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. In respect of a un contested debt claim, if a settlement is reached during pre-claim correspondence, your case is likely to take 2 – 4 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 14 – 28 weeks. This is on the basis that the other side pays promptly on receipt of judgment in default. If enforcement action is needed, the matter will take longer to resolve.

Contested cases are likely to take around 28 – 52 weeks (and sometimes longer).

These figures are just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

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Why choose us?

  • Free Initial Telephone Advice
  • Fixed Fees
  • Law Cost Options
  • Quick Responses
  • Specialist Solicitors

News

31st October 2018

Glen’s Close Shave

As you will have seen, for the year 2017-2018, our charity of the year was Mitchell Miracles. As a final hurrah, our Facilities and Quality Manager, Glen Thompson, decided to mark his leaving in August by having his head shaved for the charity....

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Saturday Legal Clinic

Our Saturday Legal Clinic is open every Saturday from 9am to 1pm at our Romford and Barking offices. As Solicitors in Romford and Barking we want to ensure every potential client has the opportunity to have a free 15 minute consultation with a lawyer.

More information

* Soulla Kokkinos, Elizabeth Bendall, Andrew Crossley, Frances Anderson, Yvonne Snow, Ryan Yates, Amanda Mansbridge, Suna Derin Kursun, Julian Beard, Francecsa Clay.