People Jonathan Warner-Reed

Fox Hayes LLP will send a letter before action giving the debtor seven days to pay for a fixed fee of £10.00 plus VAT per letter.

We will endeavour to send the letter before action on the same day that instructions are received.

We will send you a copy of the letter for your file and at the same time render a fixed fee invoice for £10.00 plus vat. You will also be sent a copy of any response immediately it is received.

There is nothing more to pay if you do not wish to take further action.

If the debtor does not pay:

1. Claims for under £5,000 - County Court Small Claims Procedure

If your claim is less than £5,000 the County Court rules provide that you cannot recover solicitors costs even if you are successful, except a nominal amount by way of fixed costs.

The Civil Procedure Rules fundamentally alter all litigation. Please see our retainer letter and discuss with us the details but here are a few major points:

1. You have to sign a declaration of truth that the claim is true. If untrue you could face committal to prison.
2. Time scales are short and you must be available for the hearing.
3. You must provide all documents on which you are to rely with your first instructions.
4. If your case is not fully documented the Judge may strike out your claim

We will issue proceedings, obtain judgment upon admission and offer or by default and issue a warrant of execution for a fixed fee of £150 plus vat and disbursements to be paid in advance. If proceedings are issued, you can claim interest on the debt and, in many cases, this together with the fixed costs should cover the charge.

If the proceedings are defended, the Court will issue an allocation questionnaire which must be completed by you within 14 days or your case would be struck out.

The fixed fee paid by you does not cover the situation where a defence is filed and the matter proceeds to trial. From a commercial point of view, as no costs are recoverable clients normally deal with all administrative matters and attend the final hearing themselves.

If you require assistance to complete the Allocation Questionnaire we should be happy to do so for a fixed fee of £58.75 inclusive of VAT.

We will never issue Court Proceedings without your written instructions. This is your ultimate safeguard.

This work will be dealt with by experienced paralegals under the direct supervision of senior solicitors.

2. Claims exceeding £5,000

For cases exceeding £5,000 you can recover a proportion of your legal costs from the debtor if you are successful with your claim. Fox Hayes will provide a personal cost effective service and is prepared to negotiate and agree a chargeout rate depending on the nature of the case and its complexity. Full details of our charges and our standard terms and conditions are available on request.

For further information contact
Jonathan Warner-Reed on

0113 2 496 496 or email:

JonathanWarner-Reed@foxhayes.co.uk