General Litigation involves a range of disputes between parties. We are able to assist you with claims by or against individuals, companies or other organisations and can advise you on your options other than legal proceedings such as mediation or arbitration, as well as your chances of success. You will be fully informed of the financial cost of the matter from the outset, including whether a “no win no fee” agreement is available for your case.

We are able to deal with a vast range of matters including, but not limited to:

Personal Injury – If you have suffered an injury that was not your fault, whether it is at work or on the road or in a shop, you may be entitled to compensation. Contact Emily Smith to discuss the incident and she will be able to advise on whether you have a claim worth pursuing and whether a “no win no fee” agreement is available to you.

Property disputes – From noisy neighbours to boundary disputes, we can help.

Landlord and tenant disputes – We can help in all aspects of landlord and tenant matters, from drafting tenancy agreements to gaining possession of the property from a client in default of the terms of a tenancy agreement.

Harassment – If you are being subjected to harassment from neighbours or customers then we can help.

Insurance claims – If your claim has been refused by an insurance or warranty company, then we can help. Please contact us, ensuring you have all of the relevant information to hand, and we will be happy to help.

Consumer rights – If you believe you have been wronged by a seller, contact us and we will see if we can help.

Inheritance and Will disputes – If you believe you are entitled to a share of the estate left in someone’s Will, or you believe that someone was wrongly coerced into amending their Will.

Debt recovery – We can advise on all matters of debt recovery, from non-payment of rent or invoices to claims made against you for non-payment.

Debt recovery – Enforcement of judgements

The initial step in recovering a debt whether from an individual or a company is to send a letter of claim setting out how much is owed and any interest which will be added should payment not be made:

Following are the stages taken to recover a debt

STEP 1 – Letter before Action

  • Receive instructions from the Client and obtain all necessary information
  • The Debtor has 14 days to respond

STEP 2 – Court Proceedings

Court fees in issuing Proceedings

Up to £300 –  Court fee of £35

Greater than £300 but no more than £500 – Court fee of £50

Greater than £500 but no more than £1000 – Court fee of £70

Greater than £1,000 but no more than £1,500 – Court fee of £80

Greater than £1,500 but no more than £3,000 – Court fee of £115

Greater than £3,000 but no more than 5,000 – Court fee of £205

Greater than £5,000.but no more than £10,000 – Court fee of £455

Greater than £10,000 but no more than £200,000 – 5% of the value of the claim

The Court fee and interest is added to the Judgment Debt

Our fees in pursuing a claim are £200.00 per hour plus VAT.  Letters and telephone calls are charged at 1/10th of the hourly charge out rate  ie £20.00 per letter and telephone call.  Our fees include:

  • Taking your instructions and reviewing documentation
  • Undertaking appropriate searches
  • Sending 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 Judgment in default
  • When Judgement in default is received, write to the other side to request payment
  • If payment is not received within 14 days providing you with advice on next steps and likely costs.

If no satisfactory response received to the letter before action, Court proceedings are issued

Once proceedings are issued the Debtor has 14 days to file a Defence. Should the Debtor file an Acknowledgement of Service within 14 days, the time for filing a Defence increases to 28 days from date of issue.

If the Debtor fails to respond Judgment is requested by us

STEP 3 – Enforcement of the Judgment

If payment is not received within 14 days we will provide you with our advice on how to enforce judgment against the Debtor. Consideration to the method of enforcing judgment will be made, bearing in mind the status of the Debtor.  We may need to employ tracing agents to ascertain the whereabouts of the Debtor and whether the Debtor is in employment.  We may also be required to search the Land Registry to ascertain whether the Debtor owns the property in which they reside.  Once we have as much information about the Debtor and their status we will consider the best way to enforce the judgment and provide you with our advice.   The following options for enforcing a judgment debt are available.

  •  County Court Bailiff and High Court Sherriff
  • Attachment of Earnings Order
  • Third party debt Order
  • Appointment of a receiver
  • Charging Order
  • Bankruptcy or winding up

Matters usually take 4 – 6 weeks from receipt of instructions from you to receipt of payment from the Debtor, depending on whether or not it is necessary to issue a claim.  This is on the basis that the Debtor pays promptly on receipt of Judgment in default.  If enforcement action is needed, the matter will take longer to resolve.