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Debt Recovery & Insolvency
Recovering debts in the swiftest and most efficient manner
The issue of unpaid debt is the scourge of any business, threatening cash flow and the ability to pay creditors. Our philosophy is to recover debts in the swiftest and most efficient manner. Our highly experienced team offers first rate advice and assistance for our clients, and are fully versed in all aspects of the county court, insolvency and enforcement process.
Debt Recovery
We strive to offer clients a bespoke service for the prompt and efficient recovery of debts. We are highly experienced in identifying the appropriate steps to be taken at each stage of the process in order to achieve this goal. We work closely with high court enforcement officers and county court bailiffs to maximise potential debt recovery in the shortest possible time. We also recognise that the process may not be straightforward. Debts may be disputed. Whilst many debt collection agencies will turn cases away at this stage, our clients’ debts move seamlessly into the hands of our experienced litigators, who will give the best advice in dealing with the case throughout the court process.
Insolvency
Acting on behalf of creditors and debtors, we are highly experienced in dealing with all aspects of insolvency litigation, including fraudulent and wrongful trading claims, directors’ disqualification proceedings, validation orders and applications to strike out disputed petitions. We recognise the fact that these cases can require urgent attention which we will also provide, together with first rate advice, to ensure the best outcomes for our clients.
The insolvency unit works in tandem with our debt recovery business, using the bankruptcy and winding up process for the recovery of substantial debts, with excellent results.
Debt collection and enforcement charges
VAT is added to all of the charges set out below
Pre-Legal
Letter before action (debt up to £100) | £5.00 |
Letter before action (debt over £100) | £15.00 |
Issue and Judgment
Issue of court proceedings | £25-£500 | £50.00 |
|---|---|---|
| £500-£1000 | £70.00 | |
| £1000-£5000 | £80.00 | |
| Over £5000 | £100.00 | |
Judgment in default of acknowledgment of service | £25-£5000 | £22.00 |
| Over £5000 | £30.00 | |
Judgment in default of defence | £25-£5000 | £25.00 |
| Over £5000 | £35.00 | |
Judgment on admission | £25-£5000 | £40.00 |
| Over £5000 | £55.00 | |
Monitoring instalment payments (per instalment received) | £5.00 |
Enforcement of Judgement Debt
By County Court Bailiff | free of charge |
By High Court Enforcement Officer | free of charge |
| Orders to obtain information (when conducted by court) | £50.00 |
| Attachment of Earnings Order | £50.00 |
| Charging Orders and Third Party Debt Orders | £100.00 |
Individual and Corporate Statutory Demands
Personal service charges are passed on at cost | From £75.00 |
Recovery, Correspondence and Telephone charges
Recovery charges on all sums recovered following receipt of your instructions in addition to the fees set out above | 6% |
Work undertaken in respect of debts which become defended or disputed, or other non-routine debt collection work not detailed above will be billed at the following hourly rates:
Legal Director | £185 per hour |
| Assistant Solicitor | £150 per hour |
| Legal Clerk/Trainee Solicitor | £105 per hour |
Court fees and disbursements
Fees at the rate laid down by HM Courts Service are payable at every stage of the court process. These will be billed in addition to our charges and do not attract VAT. Other disbursements (including High Court Enforcement Officer’s fees) will be charged at cost.
Credit Searches – Companies and individuals
Price available on application
Our Fees
Our fees include:-
- Taking your instructions and reviewing documents.
- Undertaking appropriate searches.
- Sending a letter before action.
- Receiving payment and sending on to you, or if the debt is not paid, drafting and issuing your claim.
- Where no Acknowledgment of Service or Defence is received, applying to the court to enter judgment in default.
- When judgment in default is received, providing you with advice on appropriate enforcement action.
We send a letter before action promptly upon receiving instructions and if payment is made following receipt of that letter the matter will be concluded within approximately 1 week. If payment is not made at that point proceedings will then be issued. If no attempt is made to defend the matter then we are usually in a position to enter judgment within 4 weeks or thereabouts from the commencement of instructions.
If the debtor indicates an intention to defend and then puts in a defence, the matter will take considerably longer. If judgment is obtained but no payment is made then various enforcement actions need to be taken. A flow chart that sets out these options is available to download here.
Advice
One potentially challenging aspect of debt recovery work is the introduction of the Pre-Action Protocol for Debt Claims. Many of our clients view the Protocol as a “debtors’ charter”. It can allow experienced debtors to avoid payment for up to three months, and often for no good reason. Whilst we ensure our clients are properly advised to adhere to the Protocol in appropriate cases, we seek where possible to prevent difficult debtors from “misusing” the Protocol at our clients’ expense.
“There is some distrust of “national debt collection agencies”, but as a recognised law firm we can offer a personal and flexible approach to recovery of clients’ debts. I consider the prompt recovery of unpaid debts to be a must and look forward to achieving that goal for our clients now and in the future.”
Simon HartHead of Debt Recovery & Insolvency 