Trying to claim money from guarantor but legal fees outweighing the debt?

Trying to claim money from guarantor but legal fees outweighing the debt?

11:18 AM, 28th May 2015, About 6 years ago 36

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We have an issue where a tenant has been evicted from a property we are now owed back rent of £2900 and damage caused by the tenant another couple of thousand then there’s legal costs getting the eviction etc etc. So for arguments sake lets say £5000.

We have now re let the property. There is a guarantor the grandmother who has a job and their own house. I now want to issue proceedings to either get my money back or have second charge on her existing property or attachment to earnings etc etc.

The letting agent has gone beyond the call of duty helping so far but now have said that I need to either do all this myself or get a solicitor in to do all the paperwork. I do not mind issuing an online summons however our local court will look for the simplest excuse not to grant judgement ie something wrong on paperwork.

They will not help with paperwork and each time the court say I should contact a solicitor. I have tried that. 2 firms have said say they cannot pass their fees on to guarantor debt and the £5500 & £6000 they want to charge me I pay regardless of judgement. Has anyone out there got either template suggestions for the summons paperwork or a solicitor or expert that I do expect to be paid however not all my owed money plus more?

I would appreciate anybody’s help.

Davebarrister



Comments

by Emerald Legal

14:25 PM, 28th May 2015, About 6 years ago

We can assist for a fixed fee of £305 inclusive of court fee if it is not defended (would be slightly more if it ended up being defended due to the extra work involved but that would be discussed and agreed in advance) and £250 for a charging order (inclusive of court fee).

We also do a free case review and initial advice.

Reply to the comment left by "Emerald Legal" at "28/05/2015 - 14:25":

Thanks for your email I am delighted the people offering me their services would this include attachment to earnings order/ second charge on the property order if not how much extra would they be?
Dave

by Emerald Legal

14:54 PM, 28th May 2015, About 6 years ago

Reply to the comment left by "Essex Landlord just want a decent pension Just want a decent pension" at "28/05/2015 - 14:42":

Hi Dave, the second charge on the property (charging order) would be £250 and if you wanted an attachment of earnings as well that would be £200. Both include the court fees. Kind regards, Anna

Reply to the comment left by "Graham Durkin" at "28/05/2015 - 12:23":

Thanks for your suggestion a few email suggestions have come in in the last 30 mins so would like to get all my options then work out the way forward.

Reply to the comment left by "Emerald Legal" at "28/05/2015 - 14:54":

Thanks can all orders be requested at the same time at the same hearing. Due to this job being perhaps not straight forward do we then need a representative in court to act on our behalf so we do not get tripped up or make a costly simple mistake? If so what is the cost for this?

by Emerald Legal

16:28 PM, 28th May 2015, About 6 years ago

Reply to the comment left by "Essex Landlord just want a decent pension Just want a decent pension" at "28/05/2015 - 15:25":

Hi, no - the claim would need to be made first and the other orders after that unfortunately. Yes, a representative would attend court on your behalf for the charge on the property and the cost is included within the fee. If the claim was defended and the matter was listed for trial then cost would depend upon how much work was needed to prepare for trial and how long the trial was listed for but would be discussed and agreed with you beforehand. If the claim was not defended then it would all be done on paper.

by Ian Ringrose

19:34 PM, 28th May 2015, About 6 years ago

What about getting a CCJ against the tenant first, THEN going for the guarantor. That why it may be less likely the case is defended.

by Emerald Legal

19:37 PM, 28th May 2015, About 6 years ago

Reply to the comment left by "Ian Ringrose" at "28/05/2015 - 19:34":

Unfortunately you'd end up paying two lots of fees and it probably would not make it any less likely to be defended 🙁

by

20:03 PM, 28th May 2015, About 6 years ago

I am a retired solicitor and cannot believe £5K+ for this up front from a solicitor unless you are in Mayfair? Try my old firm ODT Solicitors LLP in Brighton, 19 New Road. They are on the website. I was a consultant there and they are sensible which is worth gold pieces. Make sure your forms are in apple pie order and you have a properly drawn up tenancy agreement and the guarantor has signed it etc.

Don't bugger about with complexities. Remember it's likely a 'small claim' (I appreciate not to you but to the rule makers) and you may not get the bulk of your costs back.

This assumes the guarantor can pay!

by

20:12 PM, 28th May 2015, About 6 years ago

I am a retired solicitor. The quoted fees seem unreal. I recommend my old firm ODT Solicitors LLP in Brighton. Very sensible and direct.

They will tell you what's what.

Make sure your papers are in apple pie order.


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