Looking to recover and outstanding debt? As a specialist litigation practice, we undertake a wide range of debt recovery work for small and large businesses.For undisputed invoices where your clients do not pay your invoices and do not provide you with any reason for non-payment (other than that they simply don’t have the funds to pay), we can act for you on a fixed fee basis.
Our fees for such are:
- Simple letter of claim (LoC) or sometimes also called a letter before action (LBA) will be £50 plus VAT (£60).
- Fully compliant Pre-Action Protocol compliant letter will be £250 plus VAT (£300).
Depending on the circumstance, our letters would demand payment within 7 or 14 days (with the choice being that of our client). We can produce these such letters within 24 hours if all the information has been given to us and we have been fully instructed.
For fully compliant Pre Action Protocol compliant letters, the debtor has a minimum of 21 days to respond and this can be extended depending on the value and complexity of the claim. We can produce these letters within 48 – 72 hours depending on the level of complexity involved in the claim and the volume of accompanying documents.
We can issue debt recovery claims up to £100,000 via Money Claim Online (MCOL) service, which offers a slightly lower Court fee. Alternatively, we regularly issue claims through the County Court Money Claims Centre (CCMCC).
We draft Claim Forms and Particulars of Claim for our clients on our hour hourly charge rate of £207 plus VAT for Solicitors and £287 plus VAT for Directors. Typically, for simple undisputed debt claims, our charges normally range from £250 to £750 plus VAT for such work.
In addition to our charges for drafting the Claim Form and Particulars of Claim, you would also have to pay a Court fee which is normally 4.5% of the value of the claim via MCOL for claims over £10,000 and 5% of the value of the claim via CCMCC for claims over £10,000.
Once the claim is issued by the Court, a defendant will have 14 days from receipt of the claim form and/or particulars of claim in which to respond by filing an acknowledgement of service or a defence. If the defendant does not respond in time you can request judgment for the claim debt in default. If an acknowledgement of service is filed within 14 days of service of the claim form, the defendant then has a further 14 days to file a defence to the claim. If the defendant then fails to file a defence, judgment can be entered in default.
If the debtor does not respond to your claim in time as outlined above, you can request that the court orders them to pay and enters judgment against them. We typically charge £50 plus VAT (£60) for an application for Judgement in default.
If the debtor decides to defend the claim, you will need to decide whether you wish to instruct us to continue to pursue the claim, potentially to trial. We will advise you of our estimate of our further costs and any disbursement at that stage and the basis of our charging would be on our hourly charge rate. Our charges would depend on the nature of the defence and any complexity or unique feature that your claim may have.
For claims less than £10,000, it may be more cost effective for you to represent yourself at Court, as it is likely that your claim would be allocated to the small claims track. Whilst there is nothing to prevent you from being represented by a solicitor in a small claim, the court rules will usually not order that you recover your legal costs from your opponent if you win a claim has been allocated to the small claims track.
If you are successful in your claim and obtain judgment, the debtor will usually have 14 days to pay you the sum ordered by the Court. If the debtor fails to make payment, we can advise you at that stage of the enforcement options available to you and the likely costs of each option.
These are any third-party costs which you may have to pay as part of your claim. Normally for simple undisputed debt claims, the only disbursement you would pay is the Court fee. However, for more complex claims involving a technical counter-claim, an expert may be required. Further, if you decide to use a barrister to represent you at a final hearing, their costs too would be a disbursement and would be in addition to our fees.