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small business help - information - news and start up advice arrow Debt Collection arrow Litigation by Solicitor or In House

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Litigation by Solicitor or In House
 

Introduction

In-house litigation ranges from the sole trader, issuing one or two court actions each year, to the large finance house issuing many thousands.


The main benefit of in-house litigation (whether you are a small or large company) is cost control.


It is not unusual for the cost of a solicitor in a defended claim to run into £2000 for a claim of £5000. Getting your costs from a defendant is not only based on the defendant's ability to pay, but also the nature of the case as the judge sees it.



An external solicitor is cost effective up to and including one attempt at enforcement, of a Judgment, in an undefended claim.

However, if you have no success at this stage it is essential that you review the case yourself and seek your solicitor's honest advice as to the 'probability' of winning, and the likely cost of obtaining a successful result through further expense.


Consider this...

Sometimes there is not much of an alternative to litigation. However, if you knew 9 months ago that you would have to pay 60% of the debt in legal fees, what would you take from the debtor to settle!

Solicitor problem...

A serious problem with your solicitor should be addressed to:

Office for the Supervision of Solicitors (OSS)
Victoria Court
8 Dormer Place
Leamington Spa
Warwickshire
CV32 5AE

Or call the OSS on 0845 608 6565



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