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 or Statutory Demand 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

£95 plus VAT

£3001 - £10,000

£175 plus VAT

£10,000 plus

£300 plus VAT

 

Stage 2 – County Court Claim Form or Statutory Demand

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/Statutory Demand.
  • 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

£35.00

Court fee plus £50

£300.01 - £500

£125 plus VAT

£50.00

Court fee plus £50

£500.01 - £1000

£200 plus VAT

£70.00

Court fee plus £70

£1000.01 - £1500

£225 plus VAT

£80.00

Court fee plus £80

£1500.01 - £3000

£250 plus VAT

£115.00

Court fee plus £80

£3000.01 - £5000

£375 plus VAT

£205.00

Court fee plus £80

£5000.01- £10,000

£450 plus VAT

£455.00

Court fee plus £100

£10,000-£100,000

£650 plus VAT

4.5% of the value of the claim

Court fee plus £100

 

Statutory Demand

Debt Owed

Fixed Fee

£0 - £100,000

£400 plus VAT

£100,000 plus

£450 plus VAT

 

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 via Statutory Demand.  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

£150 plus VAT

£55 plus process service fee (£60 - £100 approx.)

Application for Writ of Control – High Court Bailiff (debt exceeding £600)

£150 plus VAT

If unsuccessful £66. Court fee and HCEO fee of £75 plus VAT.  If successful £60 Court fee (Court and HCEO fee recoverable from debtor)

Application for Attachment of Earnings Order

£150 plus VAT

£110

Application for Third Party Debt Order

£250 plus VAT

£110

Representation at Court estimated at £300

Application for Charging Order on debtor’s property

£600 plus VAT

£110

Land Registry fee - £40

Representation at Court at an additional £350 plus VAT

For further information please contact Paul McCord on 01928 735 333.