Pricing and Service Information
Types of service provided by Restons Solicitors
We specialise in providing bulk litigation services for financial and other institutions to recover debts owed by consumers and businesses.
The overwhelming majority of claims we issue are not defended and hence are “undefended cases”. In those cases we obtain a Judgment and seek to enforce that Judgment in accordance with the instruction from our Client (“enforcement proceedings”). Enforcement methods include a Charging Order; Attachment of Earnings; Warrant of Control or in certain circumstances bankruptcy proceedings. A small proportion of cases we issue are defended and our specialist defended team have conduct of these (“defended litigation”). If the defended litigation results in a Judgment then this will be enforced in a similar way as a Judgment obtained in undefended litigation.
What is covered by our fees?
Our fees include:-
- Receiving your instructions and reviewing the electronic files/databases sent.
- Sending a Letter of Claim in accordance with the relevant Pre-Action Protocol for Debt Claims.
- If the debt is not paid – issuing a Court Claim.
- Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgment in default.
- If Judgment in default is obtained (and payment not then received) then proceeding to enforcement
Enforcement Proceedings
- Applying for Charging Orders after judgment has been obtained; or
- Applying for an Attachment of Earnings Order after judgment has been obtained; or
- Issuing a Warrant of Control after Judgment has been obtained; or
- Applying for an Order for Sale after a Charging Order has been obtained where specific instruction in writing is provided by the Company; or
- Applying for a Third Party Debt Order.
Timescales
We will usually issue a claim 33 days after sending a Letter of Claim (and in the event the Letter of Claim is not responded to appropriately). If the other side does not respond to the court proceedings, judgment in default can be requested approximately 14 days after the claim has been served. We will then ask the other side to make payment. If enforcement action is needed, the matter will take longer to resolve.
Charges
We typically agree a payment processing charge with our clients. We can discuss what percentage/fee structure is appropriate depending on the value and complexity of your instructions, and on the volume of work you wish to instruct us on. We would discuss this with you once you have provided us with details of any instructions.
Reflecting the nature of our work - the main components of our invoices are:-
Disbursements
Your instructions may attract legal disbursements. The prevailing court fees (at any given moment in time) are set out in the EX50 publication (“Civil and Family Court Fees”) issued by the HM Courts and Tribunals Service. The appropriate link is:-
https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50
The current fees for claims issued in the County Court Business Centre as at May 2021 are below:
| Claim Amount | Fee Amount |
|---|---|
| Up to £300 | £35 |
| £300.01 to £500 | £50 |
| £500.01 to £1,000 | £70 |
| £1,000.01 to £1,500 | £80 |
| £1,500.01 to £3,000 | £115 |
| £3,000.01 to £5,000 | £205 |
| £5,000.01 to £10,000 | £455 |
| £10,000.01 to £200,000 | 5% |
The current fees for enforcement action are below:
| Enforcement Action | Fee Amount |
|---|---|
| Attachment of Earnings | £119 |
| Charging Order | £119 |
| Third Party Debt Order | £119 |
| Warrant of Control | £83 |
In addition to the above there are also other disbursements alongside the court fee for Charging Order applications. These fees are estimated as;
Charging Order
- Official Copies: £3
- Interim Charging Order Registration Fee: £20
Solicitor Fixed Costs
These are the costs which are awarded by the Court in accordance with the Civil Procedure Rules (“The CPR“) for work undertaken in Court proceedings. The amount of such costs is usually determined by the amount of the Claim.
The prevailing scale of Solicitors Fixed Costs (at any given moment in time) is set out in Part 45 of the Civil Procedure Rules. The appropriate link is:-
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs
The current fixed solicitors’ costs, as at May 2021, are below:
| Fixed Solicitors’ Costs on Issue of Claim | |
|---|---|
| Claim Amount | Cost Amount |
| £25 to £500 | £50 |
| £500.01 to £1,000 | £70 |
| £1,000.01 to £5,000 | £80 |
| Over £5,000 | £100 |
| Fixed Solicitors’ Costs on Entry of Judgment | ||
|---|---|---|
| Judgment Type | Judgment Amount £25 to £5,000 | Judgment Amount exceeds £5,000 |
| In default of an acknowledgement of service | £22 | £30 |
| In default of a defence | £25 | £35 |
| Admission (acceptance) | £40 | £55 |
| Admission (determination) | £55 | £70 |
| Summary Judgment/court strikes out defence | £175 | £210 |
| Judgment given on a claim of delivery of goods and no other entry in this table applies | £60 | £85 |
| Fixed Solicitors’ Costs on Issue of Enforcement Action | |
|---|---|
| Enforcement Action | Cost Amount |
| Charging Order | £110 |
| Warrant of Control | £2.25 |
These costs may be recoverable from the Defendant.
Full details of when these costs will be incurred will be discussed at the point of instruction.
VAT
What VAT do we charge and when:
- Disbursements – VAT is not paid by us when we issue Court claims or applications and therefore, in respect of Court fees, our invoices do not seek recovery of VAT.
- Solicitors Fixed Costs – any award by the Court is net of VAT – it is the net figure which is added to the judgment debt. The Solicitors Fixed Costs element of any invoice rendered by us to a client will include an additional element relating to VAT.
- Disbursements (Counsel’s Fees) – these are disbursements because we incur these costs on your behalf. Generally speaking they are incurred in defended litigation – please see below.
Experience and qualifications of those carrying out the work
Undisputed claims are handled by our experienced case management / enforcement teams under the day to day supervision of experienced team managers. Overall supervision is carried out by the Director or Operations and a senior solicitor.
Defended litigation is undertaken by our specialist Defence Department. The Department has many years of collective experience in defended litigation. Members of the team include:
- Legal Assistant
- Paralegals
- Solicitor – 5 years + PQE
- Solicitor – 7 years + PQE
Work Undertaken by the Defended Department
Subject to any specific client instruction, we will attempt to obtain Summary Judgment on any defended litigation and/or oppose any application by or on behalf of a consumer to set Judgment aside. Generally speaking there will be a hearing and again subject to specific client instruction our general procedure is to instruct an advocate to attend the hearing.
The amount of work undertaken depends on the nature of the Defence (for example what specific points have been raised) and what available evidence/documentation our clients have. Timeframe (e.g. when a Summary Judgment application will be listed) also depends on these factors.
If a Summary Judgment application is unsuccessful (or impossible) or if the application to set Judgment aside is successful Restons will seek further instruction from the Client as to whether the Client wishes to progress the case through to trial. In terms of timeframes – progression of defended litigation will depend on directions set by the court which in turn depends on which track the court has allocated the case to. Actual listing of the trial very much depends on court availability.
Where a claim we have issued becomes disputed, we will discuss any further work required as well as the applicable hourly rates. We also offer preferential rates for clients who are able to offer volume work.
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