Debt Recovery
Step 1 – Letter Of Claim
The first step is to send a letter of claim. We will seek to recover the maximum amount owing to you and where appropriate will include claims for statutory interest and compensation.
If you are pursuing a debt from one debtor the cost of the letter of claim will be £75 plus VAT at 20%.
If you are seeking to recover debts from more than one debtor, we may be able to offer a reduction in this cost, please telephone to discuss your specific requirements.
If a response is received to the letter of claim that makes it clear that the debt is disputed our fees going forward will be charged at our standard hourly rates referred to below. The costs will vary depending on the value of the claim and nature of the dispute. In the event that the claim becomes disputed we will discuss and agree costs with you before taking any further action.
Step 1 fee includes:
- Taking your instructions and reviewing documentation;
- Undertaking appropriate searches;
- Drafting and sending a letter of claim; and
- Receiving payment and sending onto you.
Disbursements
These are payments made by us on your behalf to third parties. As long as you are aware of the location of the debtor it is not likely that any disbursements will be incurred at this stage. However, if you are not, it may be necessary to engage a tracing agent. Depending on the nature of the instruction their fees are likely to be up to £150 plus VAT at 20%.
If the debt is paid at this stage our fees and any disbursements will not be recoverable from the debtor, however statutory interest and compensation may offset these costs.
Step 2 – Court Claims
These costs apply where your claim is in relation to an unpaid invoice which has not been paid by the debtor on receipt of a Letter of Claim (these costs do not include the costs of any necessary enforcement action which are referred to below).
If the debtor disputes your claim at this point, by filing a Defence, we will discuss the further work required which will be undertaken at our hourly rates, as set out below.
The costs of issuing a claim are set out below, these include us drafting a claim form (and if necessary Particulars of Claim), submitting the claim to the Court to be issued and ensuring the Claim has been served on the Defendant.
| Debt value | Disbursement – Court fee | Our fee (incl. VAT at 20%) | Total |
| Up to £300 | £35 | £72 | £107 |
| £301 – £500 | £50 | £72 | £122 |
| £501 – £1,000 | £70 | £96 | £166 |
| £1,001 – £1,500 | £80 | £108 | £188 |
| £1,501 – £3,000 | £115 | £108 | £223 |
| £3,001 – £5,000 | £205 | £108 | £313 |
| £5,001 – £10,000 | £455 | £132 | £587 |
| £10,000 – £50,000 | 5% of the value of the claim | Hourly rates | To be advised |
| £200,000 + | £10,000 | Hourly rates | To be advised |
Anyone wishing to proceed with a claim should note that:
- The VAT element of our fee cannot be reclaimed from your debtor.
- Interest and compensation may take the debt into a higher banding, with a higher cost.
- The costs quoted above do not include enforcement action, which are referred to separately below.
If after a claim is issued no payment is made by the Defendant and no Defence is filed within the required timeframe we will apply for Judgment in Default on your behalf, and an additional fee of between £22 and £35 (no VAT) will be incurred dependent on the value of the judgment sum.
Step 2 fee includes:
- Drafting and issuing claim
- Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgement in default
- When Judgment in default is received, writing to the other side to request payment
- If payment is not received within 14 days, providing you with advice on enforcement
Matters usually take 4-12 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgment in default. If enforcement action is needed, the matter will take longer to conclude.
Step 3 – Enforcement
If after judgment is obtained the debtor does not pay it will be necessary to take action to enforce the judgment to turn it into cash. We will discuss with you the range of options and which is most likely to be appropriate in your specific circumstances, the methods of enforcement that we usually find most effective, along with our costs and disbursements, are set out below:-
| Enforcement | Disbursement – No VAT unless specifically stated | Our fixed fee – plus VAT at 20% |
| Warrant of Control (judgments under £600 by County Court Bailiff) | £83 | £150 |
| Writ of Control (by High Court Enforcement Officers) | £71 | £150 |
| Attachments to earnings | £119 | £250 |
| Charging Order | £119 – plus Land Registry fees | £350 |
| Third Party Debt Order | £119 | £350 |
| Statutory Demand | Process server fees £100-200 plus VAT at 20% | £275 |
| Bankruptcy Petition | *Please see below | *Please see below |
| Winding Up Petition | *Please see below | *Please see below |
*Bankruptcy and winding up petitions are insolvency processes that sit outside of standard enforcement. If due to the specific circumstances of your matter either is appropriate we will advise you in relation to both our costs and the disbursements that are likely to be incurred.
Defended/Disputed Claims
As referred to above once a claim is defended/disputed it falls outside of the fixed fees and disbursements regime referred to above.
We will provide you with information on costs and disbursements in relation to defended/disputed claims and agree a way forward with you prior to incurring any costs.
Costs for Defended/Disputed claims will be charges at the following hourly rates:-
Partner £285 per hour plus VAT at 20%
Paralegal £165 per hour plus VAT at 20%