[Mr N]

I don't want to discuss it too much because obviously it's not been decided but what can someone taking a business to court expect to pay?

[chrisjm]

that would depend on who and why

a little shop maybe a few hundred
Microsoft, then maybe millions

a lot depends how deep their pockets are in them fighting it/dragging it out

[June O. Watt]

https://www.moneyclaim.gov.uk

I use these people, they are an online small claims service. They will deal with claims up to £5K on a sliding scale, it takes 3 weeks to process the claim then you can send in the bailiffs (online as well) for about an extra £50.

You will have to provide a tad more detail...

[RiverChelt]

Originally Posted by Mr N

what can someone taking a business to court expect to pay?

As has already been mentioned, you haven't really offered enough information... are you 'taking a business to court' over an unpaid debt, have they slandered you in some way, were you injured as a result of their negligence... etc etc etc.?

[Mr N]

Originally Posted by June O. Watt

https://www.moneyclaim.gov.uk

I use these people, they are an online small claims service. They will deal with claims up to £5K on a sliding scale, it takes 3 weeks to process the claim then you can send in the bailiffs (online as well) for about an extra £50.

I can't discuss it much, especially since this doesn't concern me specifically. However, an investment was made to the business for a franchise. The franchise was opened by the business in an unsuitable location and the prices of the services were set by the business at very high rates. Naturally the franchise failed and had to be closed within the first six months but the business warned the franchisee not to close the business down otherwise they would loose the money they had paid originally for a license for 5 years. They were forcing the franchisee into bankruptcy as he was not earning enough to cover fixed costs. Now the business says that the franchise owes them £5000 and they have refused to return a much larger amount which was paid by the franchise for the site for a duration of 5 years.

[Mr N]

Originally Posted by RiverChelt

As has already been mentioned, you haven't really offered enough information... are you 'taking a business to court' over an unpaid debt, have they slandered you in some way, were you injured as a result of their negligence... etc etc etc.?

Please read my other post for all the details.

[June O. Watt]

Not small claims court in that case - sorry, in that case I know nurthing!

If you have business or professional indemnity insurance it often comes with a free legal helpline. If not you will need to find a solicitor who specialises in franchise matters I think...

[Mr N]

Originally Posted by Wiz Net

If you have business or professional indemnity insurance it often comes with a free legal helpline. If not you will need to find a solicitor who specialises in franchise matters I think...

A solicitor has been contacted and he has advised not to give in to the demands of the business. He has also advised that he is unsure whether that money can be recovered.

[June O. Watt]

Originally Posted by Mr N

A solicitor has been contacted and he has advised not to give in to the demands of the business. He has also advised that he is unsure whether that money can be recovered.

Well he would wouldn't he! Vested interest and all that?

[Mr N]

Originally Posted by June O. Watt

Well he would wouldn't he! Vested interest and all that?

Basically he has advised that the business wouldn't be able to recover the money from the franchisee. However, a much larger amount was paid to the business and according to him it is unlikely the franchisee will see that money. The franchisee is obviously unhappy because they have paid the rent for 5 years and only been there for 6 months.

[Sananda Maitreya]

if you tell me the amount that is being claimed by the claimant, i will tell you the court fees. if you want to know the solicitors' fees, ask them as they ought to be providing you (or whoever the client is) with an estimate of costs (initially in the client care letter and updated thereafter).

[Mr N]

Originally Posted by Sananda Maitreya

if you tell me the amount that is being claimed by the claimant, i will tell you the court fees. if you want to know the solicitors' fees, ask them as they ought to be providing you (or whoever the client is) with an estimate of costs (initially in the client care letter and updated thereafter).

I have sent you a private message, please don't release the figures on this thread as I would not like to mention any figures that were paid.

[RiverChelt]

Originally Posted by Mr N

Please read my other post for all the details.

Well your other posts are still not specific as to why anyone is considering taking someone to court, but I'm guessing from the information at-hand that the Franchisee wants to claim back their 5-year franchise fee from the Business? If that's the case, I'm guessing if you use the court system to claim this fee, the business will dispute it. If it then comes to a court appointed hearing, and if the Franchise has signed a five year contract/agreement withthe Business, I'm thinking solicitors are going to be needed otherwise they won't stand much chance of arguing their case. Certainly sounds like a Business/Contract specialist law firm would be best bet rather than jumping straight into using the courts.

[Mr N]

Originally Posted by RiverChelt

Well your other posts are still not specific as to why anyone is considering taking someone to court, but I'm guessing from the information at-hand that the Franchisee wants to claim back their 5-year franchise fee from the Business? If that's the case, I'm guessing if you use the court system to claim this fee, the business will dispute it. If it then comes to a court appointed hearing, and if the Franchise has signed a five year contract/agreement withthe Business, I'm thinking solicitors are going to be needed otherwise they won't stand much chance of arguing their case.

Sorry I don't want to talk too much about it but you basically have jumped to the correct conclusion. We have contacted a solicitor to ask him whether he believes there is a chance to get this money back but he has not been able to confirm anything. worse still he has been getting paid for his so called services.

[Sananda Maitreya]

Originally Posted by Mr N

I have sent you a private message, please don't release the figures on this thread as I would not like to mention any figures that were paid.

pm for you.