Claiming over 5k

[rkmta]

I'm sure i read on here somewhere that it's a slightly different procedure if your claim is for more than £5k but i can't find it for the life of me. Anyone have any idea?

 

Also, is it better to put one claim in, or two to make it under 5k and therefore go through the small claim courts? Are the initial stages the same anyway?

 

tia

[Killerschick]

As far as I am aware the main difference is in respect of costs. A claim for £5000 will leave the loser in the position of having to pay the costs of the winner.

This puts you in the position of being at risk of paying the other side's costs if you don't succeed. But equally you can claim costs if you win.

One advantage of claims over £5000 is that statutory interest can normally be added to the debt after judgment (as long as it is claimed).

I don't know whether you can artificially split a claim to keep it in the small claims track, but if there is a good reason to issue two claims I don't see why you couldn't.

[CourtOfficerSpeaks]

Use a firm like what i work for - a High court Enforcement office. More powers (slightly), better chance of collection, less fees added on in long run so not extortionate. Remember C/court bailiffs will bill you for their work. Where as our company (and others alike) would just charge an abortive fee to the solicitors. There are many "transfer-up" offices that will get your CCJ and transfer it up at no costs to yourself.

 

Unsure if i'm allowed to recommend certain companies on here...else i'd recommend some.

 

most of the main big solicitors who we use also have transfer up depts. There's a few decent ones but not sure if that's classed as advertising?!

 

 

[CourtOfficerSpeaks]

P.S Even if the transfer is free (which it isn't anyway, the debtor pays!) you'll still need to pay £50 to HMCS.

 

Paying only £50 should be standard with most good firms, don't pay anymore.