Why We Are Against Further Court Fee Rises

Why We Are Against Further Court Fee Rises.

The Ministry of Justice has proposed to charge 5% of the value of the claim to all court cases worth more than £10,000, which it estimates will bring in an extra £120m a year. A further consultation has also opened on extra charges for possession claims and general applications in civil proceedings. Possession claim fees will rise by £75, which the fee for general applications will go up from £50 to £100 for applications made by consent and from £155 to £255 for contested claims. These increases will apply equally to all applicants.We at Landlord Action are absolutely opposed to each and every one of the justifications given by the Ministry of Justice for enhanced court fees.Our responses to each of these are details as follows:-

Consultation Justification: The fee remains low, compared to the overall costs of litigation;

Landlord Action Response:The market place for practitioners carrying out possession claims is extremely competitive.  As a result you will often find that the court fees exceed the amount paid for the practitioner for carrying out the legal work.  More often than not, the court fee will make up approximately 50% of the overall cost of litigation.

Consultation Justification: Costs are recoverable from the opponent in successful proceedings;

Landlord Action Response: In 99% of cases the costs are not recoverable because:-The money order granted by the court is not a registered County Court Judgment.  In order to make it a registered CCJ, the Claimant has to issue recovery proceedings which will involve further expense including court fees The defendant often has no money or any means of paying.

Consultation Justification: Claims can be brought under conditional fee arrangements.

Landlord Action Response:This only works if costs are recoverable.

Consultation Justification:Fee remissions are available to those who qualify.

Landlord Action response:Very few landlord claimants qualify for fee remissions.

Precise Treatment Reduces Pain

Detail needs experts. Expert time is worth it when it saves you a costly mistake. Main objective: Get the property back. Best action: Very precise treatment.

Serving a notice is actually the most important part of the possession process.

It isn’t complicated but one tiny error can cause dreadful problems.

That’s why we say, don’t DIY and don’t use internet amateurs. It’s not worth it.

1. Compliance Errors
If the tenant doesn’t leave at Step1, the notice had better be valid. Because then it has to go to court. Any little error can get a case thrown out. And you have to start all over again.

2. Attempting Short-Cuts.
In an effort to be quick, some internet services aimed at landlords are using short-cuts around the process. But if the tenant doesn’t leave (50%) these practices can backfire at court and the case thrown out.

3. Trying to Save Pennies.
Internet services have mushroomed and landlords can expect to get what they pay for. To get the process done PROPERLY it takes a certain amount of time for an expert to look over a file and be accurate. Our fees cover that expert time.

Chasing courts for dates, arranging advocates and preparing court papers is time consuming. Especially if you’ve never done it before.

Some landlord and agents have served notices themselves. They believed they were saving a few pounds but it often ended up costing them more.

If you lose a claim, the court can order you to pay the tenant’s defence cost, which can run to hundreds or thousands of pounds.

Our in-house Solicitors are there to get your property back as fast as they can. And we protect landlords and agents from themselves.

As experts, we know that in the rush to get things done, errors can happen. And those errors can can come back later to mess up your case – and the whole process has to start again.

You can speed things up – give us accurate information quickly. Help us to help you.

There are services on the web who will prepare papers BUT they get you to pay the court-fee separately and get you to sign the court papers – so in fact they don’t represent you!

If your notice (at Step1) wasn’t drafted or served correctly you risk wasting your court fees and losing a whole lot of time because of a small error.

We won’t let your case anywhere near a court until we have checked every little detail. To make sure you don’t waste time or money, at Step-2 we first only charge part of the fee.

If your notice is fine, then you just pay the balance of the fee and we issue the claim. If there is a problem with your notice or paperwork, we will advise you what to do next.

Courts take the view that possession proceedings can make someone homeless. So they are very careful. If there’s any error in the notice, they throw the case out. It’s the process. Get it right or lose.

If the notice is invalid, you have to start all over again. The weeks or months you’ve waited are wasted. If there were rent arrears, there are now more.

If there weren’t rent arrears, they might now start. More fees. More lost rent. And still no possession. Tenants can be alerted to making a counter-claim.

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