Debt Recovery  (up to £100,000)

We offer many different services to our clients in relation to debt recovery work and we are happy to meet with you to consider your requirements and how we may assist you. We will also provide you with details of our fees at our meeting which will be confirmed to you in writing.

Debt recovery is handled by our Litigation Team which consists of Andrew Wiles and Alison Kemsley. Their details can be found on our “About Us” webpage. Our team has over 70 years of collective experience in delivering high quality work in all matters relating debt recovery.

As part of our service, we will:

·      Provide you with an experienced solicitor to work on your matter

·      Take your instructions and review documentation

·      Undertake appropriate searches

·      Send a letter before action

·      If payment is not received, draft and issue the claim at court

·      Apply for a judgement in default if there is no acknowledgment of service or defence received

·      Serve the judgment in default and request payment

·      In the event of non payment of the judgment, advise you how the judgment can be enforced

·      If the matter is defended, continue to act for you in relation to the claim until the conclusion of a trial or mediation

·      If at any time payment is received, send it onto you

FIXED FEES

We can only apply fixed fees where your claim is in relation to an unpaid invoice which is not disputed and there are no contractual complications.

Example 1

Prior to issue of claim

Taking instructions, reviewing documentation, undertaking appropriate searches and relevant enquiries,and sending letter before action, receiving payment and sending onto you.

Legal costs: Our costs will be £5300 plus VAT, totalling £600 or a total of £360.

Disbursements: are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf. These can include but not limited to court fees (see below), HM Land Registry title documents (£3 each), Companies House reports (£1 each) etc.

Disbursements (costs payable to others)

Company search fee £various

How long will this take?

We aim to have a letter before action ready to be sent within 2 weeks

Example 2

Court Claim

These costs apply where your claim is in relation to an undisputed debt and enforcement action is not needed. If the other party disputed your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.

Our costs are below for dDrafting and issuing claim, applying for default judgment where no Acknowledgment of Service or Defence is received, serving the same and requesting payment from the otherside, if payment is not received, providing you with advice on next steps and likely costs:-.

Legal costs:

Claims up to £5,000                                                             £750 plus VAT, totalling £900 or a total of £900

Claims between £5,001 to £10,000                                     £1,250 plus VAT, totalling  or a total of £1,500

Claims between £10,001 to £50,000                                   £1,750 plus VAT, totalling or a total of  £2,100

Claims between £50,001 to £100,000                                 £2,250 plus VAT, totalling  or a total of £2,700

Claims over £100,001                                                           may be fixed by agreement

Disbursements: see disbursement examples above. (costs payable to others)

Company search fee £various

Court fees to issue a claim (from July 2018):

Claim amount                        Paper form fee                                   Online claim fee

Up to £300                                         £35                                         £25

£300.01 to £500                                 £50                                         £35

£500.01 to £1,000                              £70                                         £60

£1,000.01 to £1,500                          £80                                         £70

£1,500.01 to £3,000                          £115                                       £105

£3,000.01 to £5,000                          £205                                       £185

£5,000.01 to £10,000                        £455                                       £410

£10,000.01 to £100,000                    5% of the claim                     4.5% of the claim

£100,000.01 to £200,000                 5% of the claim                                You cannot make a claim onlineCannot be made online

More than £200,000                          £10,000          You cannot make a claim online                   Cannot be made online         

Court issue fees and other court fees are also available from:

 https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

Anyone proceeding with a claim should note that for a business to business claim the VAT element of our fees cannot be recovered from the debtor. Interest may take the debt into a higher banding of both court fee and our costs.

How long will this take?

We aim to have the claim prepared for issuing within 2 to 3 weeks of being instructed to issue proceedings. Following Notice of Issue, , the debtor has 14 days to acknowledge service of the proceedings. If and if an acknowledgment of service has been lodged with the court, the debtor has a further 14 days to lodge a defence. Where no Acknowledgment of Service or Defence After the time limit for acknowledging or defending has expiredis received, Jthe judgment in default will be applied for within a few days. The court may take 2 - 4 weeks to return the Judgment in default judgment which will then be served by us within a few days.

POTENTIAL ADDITIONAL COSTS

We will always confirm to you any additional costs for work not included in our fees whether fixed or estimated. The following are examples of work which is will incur additional costs:

•          additional correspondence or communication with you,  or the debtor or third party

•          negotiations

•          enforcement action

•          statutory demands

•          arranging mediation

•          contested or defended actions

•         instructing barristers, experts or third parties

•        attendances at court or at mediation

All additional work will be charged at our hourly rate of £24050 plus VAT unless a fixed fee is agreed with you for any further aspect of our work. We will discuss any additional work with you and provide you with aill detailed estimate of our fees.