Debt Recovery Litigation Fees
We provide a £100 + VAT fixed fee advice appointment for 30 minutes where we can provide you with general advice on any potential claim that you may have against a business or individual, or any claim that you may be facing. If you decide to instruct us following this consultation we may be able to undertake that work for a fixed fee. Please see below for more details. Our range of fixed fees for debts apply to claims that are undisputed. If the other party disputes your claim at any point, further work may be required.
Stage 1 – Letter before Action
Solicitors letter to your debtor demanding immediate payment to avoid County Court proceedings and possible CCJ. If your matter falls under the Pre-Action Protocol introduced on 1st October 2017 which applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). We will send a letter of claim compliant with the protocol. Where applicable will also claim interest and compensation you are entitled to in addition to the debt.
|Debt Owed||Our Fee**||Court Fee|
|Up to £1,000||£150 + VAT||£75 + VAT|
|£1,001 – £10,000||£200 + VAT||£120 + VAT|
|£10,001 +||£300 + VAT||£190 + VAT|
*This fee will always be fixed and we do not charge commission on any amount we recover. If we are successful in recovering your debt at this stage the applicable fee above is the maximum you will pay. If you instruct us to do further work after the Letter before Action has been sent before moving to Stage 2 then this will be charged on our hourly rate basis for which an estimate will be provided.
Stage 2 – If the Debtor does not pay – Issuing Court Proceedings
We will issue County Court proceedings against the Debtor who will receive papers from the court informing them of the action. The Debtor will have 14 days to respond to the Court or settle the debt. If the debtor fails to respond or settle the debt then we will request Judgment in default at the same time requesting the Court fees and fixed recoverable costs that are allowable. At this stage we will send a further letter to the debtor informing them of the judgment and request immediate payment or face enforcement action. If the debtor fails to respond then we will discuss with you the most appropriate enforcement action (see Stage 3).
|Debt Owed||Our Fee**||Court Fee||Recoverable from the debtor (Court fee & Fixed Costs)|
|Up to £1,000||£150 + VAT||£35-70||£85-£140|
|£1,001 to £10,000||£200 + VAT||£80-455||£160-£555|
|£10,001 to £100,000||£300 + VAT||5% of Claim Value||Court Fee + £100.00|
**Payment of our fees is not contingent on the debtor paying the debt. We can request that a County Court Judgment be awarded in undefended claims where the debtor admits your claim or fails to file an acknowledgement of service or defence. The above fees does not apply where the debtor files a defence or partial admission.
Stage 3 – Enforcing your claim
If the Debtor does not settle your debt during Stages 1 and 2 then we will seek to enforce your County Court judgment against the debtor to recover the monies owed to you. We will advise you on the best enforcement method depending on the debtor’s circumstances. There are several different enforcement options available. The table below sets out our fees and costs of the different enforcement action. Where our costs are at an hourly rate we will provide you with an estimate at the outset.
|Enforcement Action||Our Fee***||Court Fee|
|Application for Writ of Control – High Court Bailiff||£120 + VAT||£66 & Bailiffs Fee of £75 + VAT. If successful these costs are recoverable from the debtor|
|Application for Order that the debtor attends court for questioning||£120 + VAT||£55 to issue£120 to serve|
|Application for Attachment of Earnings Order||£100 + VAT||£110|
|Application for Third Party Debt Order||£350 + VAT||£110.00|
|Application for Charging Order on Debtors Property||Charged on hourly rate basis (estimate will be provided).||£110.00|
***Payment of our fees is not contingent on the debtor paying the debt.
Any Stage – Disputed/Defended Claim
We have an experienced litigation team to advise you should your debtor defend your claim. The department is managed and supervised by Jennifer Carpenter, Solicitor and Managing Partner. Work may be undertaken by her or by Anton Bilinski, Fellow of the Institute of Legal Executive with over 8 years experience. The hourly rates charged for this team is listed in the following table:
|Level of Fee Earner||Our Hourly Charges excl. VAT|
|Solicitors with 3-8 years experience and Senior Executives with 8 years plus experience||£235|
|Solicitors with under 3 years experience and Senior Executives with under 8 years experience||£220|