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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47335
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Is there any way I can sue a company than £5K

Resolved Question:

Is there any way I can sue a company for less than £5K without going to a small claims court.
I ask this because I have incurred legal costs in order to get the information I need to continue.
Thank you
Paul Benson
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When you say legal costs what exactly have you incurred?
Customer: replied 1 year ago.
My claim would be for about £1100 and the legal fees incurred to get the information are about £1200. The company refused to assist so I had no choice but to get help from a solicitor. The solicitor NOW tells me that I could not claim costs - huk!
Expert:  Ben Jones replied 1 year ago.
If you have a claim for less than £10,000, then the usual venue would be the small claims court, although it does not mean that any claim under that value will go there. The court can direct that a claim is heard in the next level, which would usually be the fast track, if the circumstances justify it. You will not just be allowed to claim there to be able to recover the legal fees though. To ensure that your claim has a chance of qualifying for the fast track you must be able to show that:· the trial is likely to last for no longer than one day; and· oral expert evidence at trial will be limited to–{C}o one expert per party in relation to any expert field; and{C}o expert evidence in two expert fields. So even if the claim is for less than £10k but the case is more complex and is likely to last longer than a day and require oral exert evidence then it can be moved to the fast track. However, as mentioned do not just do that to try and get your legal costs back because that is not the aim of the game. You can try and satisfy the above requirements but it is the court which has the final decision. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you for your reply.
Moving beyond the examples you give, is that any way I can take action against the company which would INCLUDE recovery of my incurred fees.
Paul
Expert:  Ben Jones replied 1 year ago.
Not really, you cannot just claim for legal fees - these are only recoverable in the higher courts and you did not have to use a solicitor as the information would have been available elsewhere with a bit of research, or even the CAB could have assisted for free. But you chose to use a solicitor and if you did so in the circumstances hen it is such a low value claim, then you would have to bear these costs I'm afraid
Customer: replied 1 year ago.
Ok got it!
I spent 2 years trying to get the information which was not forthcoming until the solicitor threatened.
Last question: If I went to the Ombudsman could you rule to include costs incurred?
Paul
Expert:  Ben Jones replied 1 year ago.
The Ombudsman cannot rule on additional costs such as legal fees, they can make a decision based on the things they regulate but that does not include legal fees. In fact you would usually be going to the Ombudsman before you incur legal costs as they are a free service. Hope this clarifies?
Customer: replied 1 year ago.
I suppose so - thanks
Paul
Expert:  Ben Jones replied 1 year ago.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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