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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2225
Experience:  Solicitor at BLM
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I have received a court money claim form for outstanding

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I have received a court money claim form for outstanding ground rent plus the admin fees charged by a property management company. The debt was chased by their solicitors and to be honest with everything going on I forgot to deal wit it. Their solicitors issued me with a county court money claim form for arrears of property ground rent charges of £725 plus their legal fees of £1,308 plus court costs etc. My question being can they ckliam for such high legal fees in relation to the original claim of £725?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I emailed the lawyers about the claim made
JA: Have you talked to a lawyer about this?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays but rest assured that i will respond within 24 hours.

Please can you confirm the claim is in respect of a property in England or Wales?

Customer: replied 19 days ago.
that is correct
Customer: replied 19 days ago.
I can not talk by phone right now as in work

Hi

Thanks for the further information.

The Court procedure rules 45 asserts that the recoverable legal fees for a claim value is below £1000 is £70.

Please see the link below which gives the fixed costs amount based on the value of the claim:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs#rule45.3

I suggest you read the link and present the information to your opponent to support your view that the amount claimed is excessive.

I hope i have clarified the position, if not please let me know.

Thanks and stay safe.

Customer: replied 19 days ago.
why do you think they have added their total legal fees - is this normal? The solicitors have filed the claim on behalf of their client
Customer: replied 19 days ago.
In addition I responded to their claim within 14 days by email to the solicitors. They never responded to my two emails asking for clarification etc and now I have been filed with a county court judgement.

I personally dont know why they have included the amount in question. Therefore you should send the law and then inform them to clarify why they are not following it.

With regards ***** ***** judgment question if you did not send your response in the form of a defence within 14 days then they are entitled to request judgment be entered.

The link below gives you further info and a guide on how to respond to a court claim form.

https://www.gov.uk/respond-to-court-claim-for-money/defend-the-claim

I hope i have clarified the position.

Thanks

Customer: replied 19 days ago.
Hi Anthony I was not trying to defend the claim at the time as I know I do owe for the ground rent and therefore it has only come to my mind about the legal fees. Not being aware I was not sure if they could claim the large legal fees. I had initially assumed that solicitors would claim what was entitled

Ok if that's the case then the claimant can enter judgment. That said there is nothing stopping you from making an offer based on what you know now about what the recoverable legal fees should be.

Thanks

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