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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I've had a small claim (£2000) transferred from the MCOL

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I've had a small claim (£2000) transferred from the MCOL service to my local county court, because the defendant is contesting the claim. I'm concerned about costs, but have been advised that the normal procedure for civil claims less than £10,000 is for no costs to be awarded on either side, regardless of which side wins the case. How reliable is this advice?

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Has it been allocated yet?

Customer: replied 1 month ago.
it's allocated to Worcester County Court, but we don't have a hearing date yet, and in fact the court has not yet received the documents from MCOL
Customer: replied 1 month ago.
I've attached the documentation which I will be sending to the court in support of my claim.
Customer: replied 1 month ago.
the last two documents

Ok - there are lots of documents and I havent read them all - as the question price doesn't cover that,

But if it HAS been allocated to the small claim then if you lose, all your cost are the issue and hearing fee.

So costs are generally not recoverable (unless you have acted unreasonably.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
Thanks. I paid an initial £108 to MCOL. Are there court costs on top of this? I'm confident that I'm not acting unreasonably (don't need you to look at the documentation in detail!) What's my maximum exposure if I'm acting reasonably?

There will be a hearing fee.

The fees are listed here:

https://formfinder.hmctsformfinder.justice.gov.uk/ex50-eng.pdf

Does that clarify?

Customer: replied 1 month ago.
Sorry, but it doesn't. The website lists the fee which I've already paid to the MCOL service, and then says, enigmatically, that there may be an additional fee if there is a court hearing or I need to get a judgement enforced. This is what concerns me. I am not reassured by the statement that I may be able to claim the fees back if I win. But this sounds to me like a big risk, and there's no information in the leaflet you pointed me to about how big the court fees are likely to be. Do you have any experience of this, which can help me decide whether to proceed or not?

Ok there are 2 fees payable:

1) Issue fee

2) Hearing fee

I have already given you the link above. If you read that it sets out the fees payable.

It says fee on issue and small claims hearing fee

Does that clarify?

Customer: replied 1 month ago.
Ok - issue fee seems to be the £105 I've already paid to the MCOL service. But I can't find any information about a hearing fee. That's what I really need to know.

Page 7:

Hearing fees – fees order 2.1

Small Claim Track where the amount claimed is:

up to £300 £25 between £300.01 and £500 £55

between £500.01 and £1,000 £80

between £1,000.01 and £1,500 £115

between £1,500.01 and £3,000 £170 more than £3,000 £335

Does that assist?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Apologies - I stopped at p3. Thanks, ***** ***** my question.

No problem!