Please note that Monahans does not advise on the following matters:

• Conveyancing (residential)

• Probate (uncontested)

• Motoring offences (summary offences)

• Immigration (excluding asylum)

• Employment tribunals (unfair/wrongful dismissal)

• Debt recovery (over £10,000)

• Licensing applications (business premises)

Our fixed fees for debt recovery work (under £10,000) for stages 1 and 2 (see below) are:

Debt value: Up to £5,000

• Court fee (based on claim amount): Between £35.00 - £205.00

• Our fee (incl. VAT): £900.00 (£150 VAT)

• Total (max, including court fee): £1,105.00

Debt value: £5,001 – £9,999

• Court fee (based on claim amount): £455.00

• Our fee (incl. VAT): £1,500.00 (£250 VAT)

• Total (max, including court fee): £1,955.00

Up-to-date information regarding court fees can be found at www.gov.uk/make-court-claim-for-money/court-fees. If the person or entity that owes you the debt (the “debtor”) disputes your claim, we will discuss what further work is required and what the likely costs for that work shall be.

Procedure:

The debt recovery work involves:

• Stage 1: Pre-claim stage, where we write to the debtor and ask for the return of your money within 7 to 14 days, failing which proceedings will be commenced.

• Stage 2: County court proceedings, where proceedings are issued against the debtor if the debt is not paid during the pre-claim stage. We use Money Claim Online www.moneyclaim.gov.uk, which is HM Courts & Tribunals Service Internet based service for claimants and defendants and is a convenient and secure way of making or responding to a money claim on the internet. The entire process takes, on average, approximately 9 to 12 months from the issue of the claim to the trial. During that period, we will need to provide to the debtor, and file at the court, copies of all the evidence of the debt that you wish to rely on and a witness statement (or witness statements) supporting your case. Please note that you will need to pay a ‘trial fee’ of up to £346.00 at least a month before the trial.  

• Stage 3: Enforcement stage, if you have not been successful in recovering your debt during stages 1 and 2 but obtain a County Court Judgment (“CCJ”) against the debtor. The options available to you, including the court fees, are listed on the court’s website at www.gov.uk/make-court-claim-for-money/enforce-a-judgment We can discuss these options with you at the time.

Additional information:

If you do wish to make a claim, please note the following: 

• Any additional claim for interest and damages could increase the debt value beyond the claim amount.

• The VAT element of our fee may not be recoverable from the debtor.

• The fixed fees include all aspects of stages 1 and 2, including taking instructions from you and reviewing the evidence, preparing the witness statement(s) and attending the hearing.

• The fixed fees do not include any aspect of stage 3. We will notify you of any additional costs in advance of incurring them.