The Litigation Process
Issue of Claim
Litigation Process - Step One
Please note that we will only begin this stage and those thereafter upon your express instruction and a full review of what is included in doing so.
We charge a standard fee of £50 (+VAT) as a disbursement fee to issue a claim through the County Court and all the legal paperwork required (i.e the claim, responses to defences and court bundles). The client is responsible for the county court submission fee and a trial hearing fee (if the claim is defended and a Judgment Order is not obtained by default). We will invoice the client for these costs. The submission fee is payable upon the claim being submitted and the hearing fee is only payable if/when we get to that stage. These are paid directly to the Courts.
Obtaining a Judgement Order
Litigation Process - Step Two
A Judgement Order may be obtained either by default or at a hearing:
- A Judgement Order is obtained by default if the defendant fails to defend the claim issued within a set time frame.
- A Judge may also grant a Judgement Order in the favour of our client at a hearing.
If the client requests a legal representative from Cristen-Dex LLP to attend Court on their behalf, the only fee which will be incurred is travel expenses. We charge 0.45p (+VAT) per mile to travel to and from a Court hearing. However, in the event of a Judgement Order being obtained by our client, travel expenses can be passed directly onto the defendant.
Letter before Enforcement
Litigation Process - Step Three
If a Judgement Order is obtained, we will then send a letter before enforcement (7 days notice). This consists of a copy of the Judgment Order and notice that the case will be transferred to our bailiffs if the defendant fail to pay.
Enforcement
Litigation Process - Step Four
In the event of a Judgement Order being obtained and no payment being made, then with our client’s approval, we will instruct Bailiffs on our client’s behalf. In doing so, we agree to the Bailiff’s terms and conditions on our client’s behalf. This does include a £66 ‘Transfer up’ fee and if the Bailiffs have to abort the case, then there is a £75 (+VAT) abortive fee. This is paid directly to the Bailiffs.
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Get in contact with the Cristen-Dex LLP today
For a free consultation or to discuss our process in more depth, please feel free to get in contact with one of our experienced Credit Managers who will discuss what we can do for you.