Somebody owes me money and they won’t pay - what should I do?

If somebody should be paying you money – repayment of a loan perhaps, or a refund for faulty goods – and they won’t pay up, we can help. Sometimes a carefully worded letter, setting out the legal basis of your claim, will be enough to persuade them; if not, then a formal letter of claim should prompt them to take it more seriously.

I’ve got a problem with somebody, but it isn’t about money. What are my options?

The range of issues that end up as the subject of legal disputes is almost infinite: boundary disputes, arguments about wills, tenants ruining the house, landlords not fixing the heating, somebody writing something offensive and untrue about you – and so on.

Most of these arguments should never end up in Court - and our aim is always to resolve the problem without involving a judge, wherever possible. Again, a carefully worded letter can often do the trick. But, if the other side is determined not to give in, you will need to consider carefully how much you want the outcome you believe you are entitled to – and how much hassle and expense it’s worth to you.

Where will my case be heard?

Generally, the case will be heard in the Defendant’s home town, or nearby: if you are making the claim and the Defendant lives in Manchester, the case will be heard there. Most cases are heard in the County Court; there’s one in Southampton. If it is a High Court claim, then it will be either the Royal Courts of Justice in London, or a local ‘District Registry’ – the nearest one is Winchester. Southampton has jurisdiction to hear some, but not all, types of High Court claim.

How much will it cost?

Issuing a claim should always be a last resort. If we can sort it out without a claim, it may only cost you a few hundred pounds. Even if a claim can’t be avoided, it’s often possible to obtain a prompt decision or an out-of-court settlement.

The reality is that solicitors’ time – and the legal process – costs money. So, if it’s something small (a refund on an iPod, say), it usually makes more sense to contact the Citizen’s Advice Bureau or Trading Standards, before incurring any legal costs.

If we do act for you, we’ll keep you informed about costs and we’ll give you options – so you can make your own decisions about the best way to proceed and whether you’re happy to spend the money involved.

How will I pay?

In litigation cases, it’s normal to pay in advance. However, there may be cases – for instance, disputes about property, or a business or the estate of a deceased person – where costs can be deferred until the asset has been sold. We will be able to advise you about this when you first consult us.

You may have an insurance policy that covers certain types of legal cost; it’s worth checking the policy documents or asking your broker.

Finally, if you win (unless it was a small claim), there will generally be an order that the loser should contribute to your costs. Typically, you might expect to recover about 60%. In exceptional cases, you might recover the full amount.

How long will it take?

This depends on a lot of factors. Mostly, it depends on the other party: how they respond and how quickly. Some of the disputes we’ve handled have been resolved in two or three days, but you should expect it to take a lot longer. If it goes as far as a full trial, it could be many weeks.

Generally, if you want really quick results, it will mean either a big compromise or a big bill.

I don’t have any evidence – does that mean I don’t have a case?

Not necessarily. It’s always easier to prove that an agreement existed – and, just as important, what was agreed – if the details are written down. But that doesn’t mean you can’t get an agreement enforced without written evidence; in fact, most agreements are concluded with no pen or paper in sight.

Verbal agreements are still binding and, every day, judges all over the country decide the facts of a case, based on what two people remember about a conversation 12 months ago.

I’m not really sure if this is a legal matter. Do you offer a free consultation?

We can’t offer you a free interview, unfortunately; they take up too much time that we need to devote to our existing clients. But, if you telephone or email with an enquiry, we should be able to let you know pretty quickly whether you need our help, or whether another port of call (such as the Citizen’s Advice Bureau) would be better for what you need.

I heard that a ‘small claim’ would be better for me. Is that right?

Actually, there’s no choice involved. Any claim for an amount less than £5,000 will be treated as a small claim; a larger claim will have to be pursued in a higher court.

Small claims are dealt with in relatively informal proceedings. The important rule is that neither party can recover their costs: this is to keep things fair, by discouraging people from bringing in a heavyweight legal team. You can still instruct us, and you can still have a barrister to represent you – it’s just that you can’t recover the costs from the other side, even if you win.

Why should I pay for a lawyer?

Pursuing a legal claim on your own can be tricky and intimidating. Professional help is always useful - and often essential. Without it, you could end up losing money, creating unnecessary stress for yourself and playing into the hands of the other party.

However, if you’re concerned about the potential cost of using a solicitor, there are often ways to keep the cost down without compromising your case. For instance, in small claims (where you can’t recover legal costs from the other side), many people find it more sensible to take advice from their solicitors, then do the bulk of the work themselves to keep costs down.

If you’re worried about cost, just talk to us – we can advise you about your options.

What if I change my mind?

Once you have instructed us, you still have control. At each stage, we will give you the facts about the different options: for example, throw in the towel; take the best offer you can get; hammer out an agreement; or fight on. In other words, we tell you the strengths and weaknesses of your position and set out your options. You decide which option is right for you.

Once a claim has been issued, bringing everything to a halt usually means paying some or all of the other side’s costs. That is why the decision to issue or to defend a claim must be very carefully considered at the outset.

Am I entitled to Legal Aid?

Eric Robinson’s Litigation Department does not do legally aided civil work - although the firm can offer criminal and matrimonial work on legal aid. If you think you might qualify for legal aid, you should contact the Citizen’s Advice Bureau.

Can you advise me over the phone?

It wouldn’t be sensible for us to try; it would be like getting a quote from a decorator who hasn’t seen your home. We need to have as much information as possible, so you can be confident you’re getting the right advice. It also makes sense to meet the person who will be representing you on such an important issue.