What we do
Making or defending a court claim through the English Courts can be complex and confusing to an ordinary person or a small business. It is made out to be simple but once the claim is filed, here are some of the forms that you may receive back from the court for completion.
If the forms are not returned on time or completed incorrectly your claim can be struck out. The Small Claims track of the County Court currently deals with amounts from £1,000 to £10,000 (we have a minimum claim value of £2,500) and is meant for those wishing to make or defend a Claim in person at a Court hearing.
There are increasingly numbers of people and small businesses today who are being ripped off by unscrupulous individuals or companies, whether these be rogue builders or tradesmen taking your money and then carrying out poor quality work, shops, businesses and internet companies selling you goods that do not work or holidays that are not what was expected when you arrive there. These are just a few of the problems being suffered by consumers and small businesses today.
Money Claims Help
We at moneyclaimshelp.com are here to assist you through the court process by helping you complete all the court forms, so that you are equipped and ready when the day of your court hearing arrives. The small claims track of the County Court is there specifically for persons to make or defend their cases in person so as to save the costs of employing a solicitor, as such costs are not recoverable whether you are successful or not.
Although, the Small Claims track of the County Court is more informal the decision in any claim as to who is successful will be decided by a judge on the law. That is why the initial presentation of your claim is important and that the facts put forward are based correctly on the law. We will help you every step of the way and even provide you if you wish with a fixed quote to secure legal representation to deal with your case in Court.
Here at moneyclaimshelp.com we will:
Assess your claim
When you first discuss your potential claim with us or send in the form with completed details of your claim, we are in a position to assess whether or not the claim has a reasonable chance of success. You may well have valid claim but if the defendant has no assets we would not encourage you to spend any money if you have no chance of recovering any amount back even if the claim would be successful.
Alternatively, if we feel that your claim has a reasonable chance of succeeding and there are no guarantees in court claims as it is the court that decides based on the evidence presented, then we can suggest on what you inform us that it may be worth proceeding with the claim.
Please remember that the claim is your claim – we are not solicitors and with claims under £10,000 these will be heard usually in the Small Claims Track of the County Court at which costs even to the winning side are not usually awarded so the value and complexity of your claim has to be taken into account carefully when assess whether it is worth proceeding.
Help you deal with any further court documents required
There are a substantial amount of court forms and procedures that must be followed which include responding to directions of the court such as evidence being prepared correctly with statements of truth to be submitted in correct form by dates set by the court.
If these are directions are not complied with by the times stated then your claim may well be struck out.
These forms and evidence can apply to permission to submit independent reports on say faulty building work for which the court will need to give its permission.
We will assist you deal with most forms but any statements under statement of truth will attract an additional fee depending on its time and complexity.
Explain the legal procedure
The legal procedure differs when dealing with a claim under £10,000 when you will be expected to attend court and argue your claim personally. The Small Claims Track of the County Court is a less formal setting and although any decision made will be based on law and evidence produced the Judge will decide who is successful on ‘the balance of probabilities’ based on the evidence and your arguments made in court.
If the Claim exceeds £10,000 then you would be advised to be represented by a barrister who specialises in that particular area of your claim, which would be heard in the County Court in either the fast track or multiple track.
Assist you with all the court forms so you will be equipped to attend any court hearing
As stated previously as part of our services we will assist you with all the different court forms that require completion.
Arrange representation at the court hearing
If your claim is between £2,500 and £10,000 and to be heard in the Small Claims Track of the County Court, as stated it is likely that you will be representing yourself as was stated previously that even if successful costs (except the initial claims court fees) will not be refundable and our costs are also not refundable.
However, we have had claims where the claimant preferred to be represented and we will in such cases obtain the services of a barrister who will deal with your claim in court.
This is entirely your decision in such claims.
With regard to claims over £10,000 up to £100,000 you will in most of such claims require a barrister to represent you in court at the prehearing stage and at the hearing itself. Unlike in the Small Claims Track, where costs are not refundable to either side in claims in such large amount claims the successful side can claim back its legal costs (including barrister’s fees) at the discretion of the court from the other side and the losing side has to pay its own costs.
So if you lose your claim you will be responsible for all your own costs and will have to probably pay the other side’s costs as well.
It is solely up to the court as to what fees can be reclaimed and this particularly applies in regard to our fees.
If possible try to obtain settlement before any court hearing by mediation
We offer a mediation service for clients whereby it is encouraged where possible to try and reach a mediated settlement. The Courts encourage that if a quicker and cheaper option can be achieved without the aggravation of attending court it is worth trying but it will need the willingness and acceptance of both parties before mediation has a chance of any success.
We charge £100 per party to actively mediate either by telephone or in writing.
The Company does not provide legal advice nor does it represent that it is competent to provide legal advice. If the Client requires legal advice, or legal opinion we can offer the services of a barrister as part of our assistance in drafting, issuing and processing your claim.
Licensed access enables organisations or individuals such as ourselves that have an identifiable area of expertise or experience to apply to the Bar Standards Board to be licensed to instruct barristers directly. The license holder can instruct any member of the Bar for advice, and in some circumstances representation, on their own behalf or another’s behalf in the specialist area.
WHY USE A BARRISTER INSTEAD OF A SOLICITOR?
Expertise: Barristers are equivalent to consultants in healthcare. Barristers are experts in their chosen areas of law. They will provide answers to your problems, letting you know where you stand and what your options are.
Efficiency of service: barristers are skilled at working out solutions to legal problems quickly and telling their clients. You won’t have to keep chasing them to deal with your issue.
Skilled advocates: using a barrister doesn’t mean you have to go to Court. However, if you do need to go to Court, they are skilled advocates, who will present your case better than anyone else.
Better value: barristers can charge less than solicitors, because they’re self-employed and do not have the costs of running a law firm. They will agree their fees with you in advance of taking on your case or advising you on your problem
Making a Claim over £10,000
HERE’S A SUMMARY OF THE PROCESS OF MAKING A CLAIM IN THE COUNTY COURT OR HIGH COURT FOR OVER £10000 AND THE SERVICES WE PROVIDE
Advice and/or Representation by a Barrister
Once your claim is in excess of £10,000 it will be heard in either the County Court or High Court. We are licensed by the Bar Council to instruct barristers directly who could offer either advice or representation if your claim reaches court.
Unlike the Small Claims Court where legal costs cannot be recovered for claims over £10,000 heard in either the County Court under the fast or multiple track or the High Court it is usual for the winning side to recover its reasonable legal costs while the losing party will pay not only its own costs but that of the winning side which can be substantial.
Therefore it is important to secure advice as to the prospects of success of your claim from a barrister before proceeding as it may well be worth if you receive adverse advice regarding your prospects of winning not to proceed to court and incur substantial costs of losing.
The advice from the barrister may assist you in deciding to mediate or accept a settlement instead of proceeding to court.
Alternatively if the barrister feels you have a reasonable prospect of succeeding, you may opt to go to a court hearing and would be represented by the barrister.
Initial Free Assessment of Your Claim
Upon completion of our questionnaire we will initially assess whether your claim is worth taking to the barrister for advice as to whether it has prospects of success. If we feel it is worth further advice we would suggest this and our charges for dealing with the instructions to the barrister and obtaining the advice would depend on the complexity of your claim but would usually range between £500 and £1000. It would be up to you whether you wished to proceed with the advice from the barrister. We do not handle personal injury claims or no win no fee.
Proceeding to a Hearing
If after receiving the legal opinion from the Barrister you decide to go to Court we will quote you our costs of instruction and preparing the pleadings and statements required for your case to proceed to court and the cost of representation at the court hearing. It will be up to you whether at that stage you wish to proceed.