Fees
Service Offering One: The Streamed Service
In this service we get your claim to court but the fees are reduced to take into consideration that the claimant would process any Court Administrative documents, after we have filed the Claim for you. We also offer you the use of 7 HELP GUIDES which are designed especially to guide you through this process. Once you have instructed us on this service you will receive our 7 Help Guides.
These are the services carried out for you on behalf of our firm once you contract us to file your claims.
- We will first draft a "Letter Before Action"
- If that does not have the desired monetary result we will then draft a "Particulars of Claim"
- This "Particulars of Claim" which has been especially written for you will then be submitted with a completed "N1 County Court Form" and all accompanying documents to a County Court.
- The Claimant must pay the court fee as listed when submitting the "N1" to Court, the Court fees are listed within the court fee page and will be added to your claim upon payment.
- The court fee will be refunded to you upon successful conclusion of your claim by the court.
- If you're opting for The Streamed Service you will receive 7 help documents on receipt of your claim form.
Service Offering Two: The All Inclusive Package
Charles and John Legal Services offer this service to busy professionals who need to administer a ' Small Claims ' County Court proceeding but do not have the time or expertise to follow through with the same themselves. We know our clients are too busy to spend their precious time filling out court forms, drafting their case summaries, and creating case bundles. With our All Inclusive Service our clients rest easy knowing that a group of seasoned professionals are handling their claim right from the beginning till recovery.
Please select below which service you are opting for:
The Streamed Service :The Fee structure is as follows
| Claim Value | Administration fee |
|---|---|
| For Claims of value £1,000 - £5,000 | The Administration fee is £195 |
| For Claims of value £5,001 - £10,000 | The Administration fee is £295 |
| For Claims of value £10,001 - £15, | The Administration fee is £295 |
For Claims of value exceeding £15,001 the Administration fee will be upon advisement.
There is a 10% commission fee on the value of any recovered funds, in case no funds are recovered then there is no commission charged. In case your claim is settled prior to issue proceedings you will still be liable to pay our fees.
The All Inclusive Package ; The Fee structure is as follows
| Claim Value | Administration fee |
|---|---|
| For Claims of value £1,000 - £5,000 | The Administration fee is £295 |
| For Claims of value £5,001 - £10,000 | The Administration fee is £395 |
| For Claims of value £10,001 - £15,000 | The Administration fee is £495 |
For Claims of value exceeding £15,001 the Administration fee will be upon advisement.
There is a 20% commission fee on the value of any recovered funds, in case no funds are recovered then there is no commission charged. In case your claim is settled prior to issue proceedings you will still be liable to pay our fees.
Allowable Fixed Costs on Judgement
Other fixed costs which can be added to the claim are for the entry of Judgment.
Court Fees
Listed below are the Court fees which need to be paid upon submission of the N1 County Court Form.
The court fee will be refunded to you upon successful conclusion of your claim by the court.
| Claim amount (up to) | Fee |
|---|---|
| £1000.00 | £65.00 |
| £1500.00 | £75.00 |
| £3000.00 | £85.00 |
| £5000.00 | £108.00 |
| £15000.00 | £225.00 |
In case of claims between £1,500 - £5,000 there is a court fee called the 'Allocation Questionnaire' fee of £35 which must be paid by the claimant to the court. If you receive this form it is usually because the defendant has filed a defence. In cases where the claim amount is below £1,500 this fee is not charged. This fee amount is also added to your claim.
However due to the fact that there is no guarantee that the defendant will pay up despite the judgement being in your favour, there is no guarantee that these fees will also be recovered.
Obtaining a Judgement
The Defendant has 21 days to respond after an issue of proceedings, they have the following options:
- To admit the claim in full
- To defend the claim in full
- To admit part of the claim
- To defend part of the claim
If there is no response received at the end of 21 days than Judgement in Default can be applied for.
Enforcing Judgements
Once a judgement is obtained against a defendant it is then necessary to instruct the Court to collect the sum outstanding, which may involve further fees. This can also be added to the claim. If the bailiffs are appointed (Warrant of Execution) the fee is £30.00 for sums not more than £125.00 or £50.00 for sums above £125.00.
Other methods of enforcing judgment's such as Attachment of Earnings orders, Third Party Debt Orders - previously Garnishee Orders and Charging Orders - all of which require a Court fee.
| The Fees for the above detailed methods are: | |
|---|---|
| Attachment of Earnings | £65.00 |
| Third Party Dept Order | £55.00 |
| Charging Order | £55.00 |
| Warrant of Execution (Bailiff) | |
| Recovering claims with a value of: | |
| *Up to £125 | £35.00 |
| *Over £125 | £55.00 |
| To Issue a Warrant on Non-delivery of Goods | £95.00 |
| To Re-issue a Warrant or Delivery at a New Address | £25.00 |
| To Issue a Warrant for a Recovery of a Property/Land | £95.00 |
Should an Order to Obtain Information - previously known as an Oral Examination be required the court fee is £45.00.
The fee for issuing a Bankruptcy or Winding up Petition for your own affairs will be £150.00
The fee for issuing a Bankruptcy or Winding up Petition against someone who owes you money will be £190.00 = (Creditors Petition)
The fee for issuing a Bankruptcy or Winding up Petition against a company who owes you money will be £190.00
All these fees will be added to your claim amount.
The Pre-Trial Checklist (Listing Questionnaire fee)
This is £100 and can be added to your claim amount
Hearing Fee
The Hearing Fee is payable by the Claimant except where the case is proceeding on a counter claim alone, when it is then payable by the Defendant.
| Claim amount (up to) | Fees |
|---|---|
| £300.00 | £25.00 |
| £500.00 | £50.00 |
| £1000.00 | £75.00 |
| £3000.00 | £150.00 |
| £5000.00 | £300.00 |
| FAST - TRACK CLAIMS UP TO £15,000.00 | £500.00 |
| MULTI - TRACK CLAIMS OVER £15,000.00 | £1000.00 |
General Costs Information
You can only claim general costs against your opponent if and only if you win in the Small Claims Court. These costs are termed 'Fixed Costs' and include any fees which you have paid but not Solicitors Charges. Travel Claims and Loss of Earnings can be claimed if they are related to your appearance in court. These costs can also be claimed for any witnesses who appear to court to support your claim, though the amount is limited. This can also include the cost of Expert Reports that you have paid for up to a certain amount. The court also can at its own discretion award costs where a party has behaved unreasonably.
These include:
- Making unnecessary applications
- Causing a late adjournment of the hearing
- Failure to comply with directions or orders
- Refusing to negotiate
- Failure to comply with protocols
- Fabricating or miss-stating value of the claim so it is allocated to small claims track to avoid cost liabilities.
Will I get my money?
This really depends on the ability of the Defendant to pay. If the defendant is unemployed or bankrupt then this is unlikely If the defendant is a company that has ceased to trade or owns no assets than this is unlikely.
Will I lose the Court fees?
The Court fees will be added to your settlement when you obtain a successful judgment. Depending on the status of the Defendant these fees can then be recovered.
If your claim is below £5,000 or does not involve compensation for personal injuries it is generally not necessary to employ a solicitor.
