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If you own a business, hold significant pension savings or have simply built up more wealth than you casually assume, the inheritance tax landscape has shifted under your feet. Two...
Debt Recovery Fees
We are able to provide fixed fee debt recovery up to the value of £100,000. For any other value of debt we would recommend that you contact our Commercial Team who have considerable experience of dealing with such matters.
Where your debtor is a sole trader, the requirements in respect of pre-action correspondence are more onerous and the timescale accordingly longer, however you would be advised of this at the commencement of instructions.
This is a one, two or three stage process with clear fixed fees for each stage.
Stage 1 – Solicitors’ letter to debtor threatening County Court Action or Insolvency Proceedings.
Stage 2 – Issuing a County Court claim against your debtor.
Stage 3 – Taking enforcement action following judgment in your favour.
Stage 1
Our service will include:-
- A one to one discussion with you about the debtor and why the payment has not been made.
- Formalities of opening a file/matter.
- Formulating a strategy for communication with your debtor.
- Drafting a letter and sending it.
- Calculating exactly what you can claim (including interest and possibly compensation under the Late Payment of Commercial Debt (Interest) Act 1998).
- Dealing with a response from the debtor, or reporting back following deadline expiry and advice on Stage 2 and Stage 3 (if required).
Stage 1 – Fees
| Debt Owed | Fixed Fee |
|---|---|
| £0 – £3000 | £150 plus VAT (£180 inc VAT) |
| £3001 – £10,000 | £250 plus VAT (£300 inc VAT) |
| £10,000 plus | £500 plus VAT (£600 inc VAT) |
Stage 2 – County Court Claim Form
If the matter now needs to proceed beyond Stage 1, at Stage 2 we will:-
- Review the Defendant’s response (if any) and reason for ongoing non-payment
- Re-calculate the sum to be claimed.
- Prepare a Claim form.
- Arrange for the process to be issued and served.
- Report back on progress.
- Obtaining default judgment in your favour (where possible)
- Advise of the outcome to the process and next actions (if required).
- If the matter then proceeds as a defended claim we will advise you of the further court fees and the costs by way of an agreed fixed fee or estimate of costs of taking the matter through to a final hearing.
Stage 2 – Fees
| Debt Owed | Our Fee | Court Fee | Recoverable from debtor (Court Fee and Fixed Costs) |
|---|---|---|---|
| Up to £300 | £100 plus VAT (£120 inc VAT) | £35.00 | Court fee plus £50 |
| £300.01 – £500 | £125 plus VAT (£150 inc VAT) | £50.00 | Court fee plus £50 |
| £500.01 – £1000 | £250 plus VAT (£300 inc VAT) | £70.00 | Court fee plus £70 |
| £1000.01 – £1500 | £300 plus VAT (£360 inc VAT) | £80.00 | Court fee plus £80 |
| £1500.01 – £3000 | £400 plus VAT (£480 inc VAT) | £115.00 | Court fee plus £80 |
| £3000.01 – £5000 | £500 plus VAT (£600 inc VAT) | £205.00 | Court fee plus £80 |
| £5000.01- £10,000 | £700 plus VAT (£840 inc VAT) | £455.00 | Court fee plus £100 |
| £10,000-£200,000 | £950 plus VAT (£1140 inc VAT) | 5% of the value of the claim | Court fee plus £100 |
| Exceeds £200,000
or is not limited |
£1000 plus VAT (£1200 inc VAT) | £10,000 |
Stage 3 – Taking Enforcement Action
At the end of Stage 2 you may have a judgment or a payment arrangement or offer (if possible) from the debtor. If there is a default, or non-payment then you will need to consider whether to seek to take enforcement action to recover your money.
At this stage we will:-
- Assess information gathered during Stage 1 and Stage 2
- Advice on the best option(s) for enforcement.
- Proceed, with enforcement and to provide you with regular updates.
- Keep matters under regular review to assess progress on recovering.
Stage 3 – Fees
A range of fixed fees apply, depending on the type of enforcement action taken.
| Enforcement Action | Our Fee | Court Fee |
|---|---|---|
| Application for an order that the debtor attends Court for questioning | £300 plus VAT (£360 inc VAT) | £67 plus process service fee (£60 – £100 approx.) |
| Application for Writ of Control – High Court Bailiff (debt exceeding £600) | £300 plus VAT (£360 inc VAT) | If unsuccessful £80. Court fee and HCEO fee of £75 plus VAT (£90 inc VAT). If successful £71 Court fee (Court and HCEO fee recoverable from debtor) |
| Application for Attachment of Earnings Order | £300 plus VAT (£360 inc VAT) | £135 |
| Application for Third Party Debt Order | £300 plus VAT (£360 inc VAT) | £135
Representation at Court estimated at £300 plus VAT (£360 inc VAT) |
| Application for Charging Order on debtor’s property | £850 plus VAT (£1020 inc VAT) | £135
Land Registry fee – £40 Representation at Court at an additional £500 plus VAT (£600 inc VAT) |
| Application for a third party debt order | £300 plus VAT (£360 inc VAT) | £135 |
Contact us on 01928 735 333 for an initial no obligation call or click here for a call back.
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- Dimple Dhruve
- Paralegal
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- Paul McCord
- Solicitor
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