Debt Recovery – Fees

Debt Recovery Service

Our debt recovery service can help your business to recover unpaid invoices of up to £50,000.

Our debt recovery service applies to invoice debts which are not disputed, and is available for business-to-consumer or business-to-business debts.

The service will not be appropriate for all debts, including for example many construction contracts. We are happy to discuss the circumstances with you and advise you as to whether our debt recovery service is suitable for your case. If the debt exceeds £50,000 or does not fit within the standard structure, an estimate can be given for the necessary work.

Stages of the work and costs

1.    Pre-action stage 1

Registering the debt on our system, drafting the initial letter before action to the debtor and calculating the level of compensation due. The cost of this is £30 plus VAT.

2.    Pre-action stage 2

If a response is not received within the given time frame, we move onto the second stage of work which involves drafting a more strongly-worded letter to the debtor. The cost of this is £20 plus VAT.

3.    Issuing Court proceedings

If the above pre-action letters do not resolve matters, we would then advise on the next steps and the likely costs. Should you wish us to do so, we can issue proceedings on your behalf. The costs for issuing an undisputed debt are as follows:

Debt value Court fee Our fee (fixed costs) Total
Up to £5,000 £25 to £185 £50 to £80 £75 to £265
£5,001 – £10,000 £410 £100 £510
£10,001 – £50,000 4.5% value of the claim £100 £ TBC

The above fees are subject to change in line with advice from HM Courts and Tribunals Service.

Instalments

We are able to collect instalment payments from a debtor on your behalf. We charge an administration fee of 15% of the instalment amount plus VAT, subject to a minimum fee of £5 plus VAT, for each instalment that is collected.

Anyone wishing to proceed with a claim should note that:

•    Interest and compensation may take the debt into a higher banding, with a higher cost; and

•    The costs quoted above are not for matters where the debt is defended or where enforcement action, such as instruction of the Court bailiff, is needed to collect your debt.

Meet the Team - click here

Our Commercial Litigation team will assist you with your matter, the Commercial Litigation Department is headed by Karen Bower-Brown, who will supervise the fee earners who work on your matter.

FAQs

What is not included?

The above fees do not include:

•    Where no Acknowledgment of Service or Defence is received, applying to the Court to enter Judgment in default; or

•    When Judgment in default is received, write to the other side to request payment.

If at any point we enter into correspondence with the debtor or are instructed to carry out work outside of the standard debt recovery structure as detailed above, our charges will be based upon the time spent on the matter.

Our current hourly charging rates are as follows:

Partner   £200 to £260 plus VAT
Associate / Solicitor   £180 to £200 plus VAT
Trainee Solicitor / Paralegal  £130 plus VAT


 How long is my case likely to take?

If proceedings are not needed, matters usually take 3 to 4 weeks, depending upon the conduct of the debtor. If a claim is issued and proceeds without being defended, this matter will take a further 6 weeks or so to judgment. If the claim is defended, we would give you details of the likely timescale and cost when it is clearer what issues are involved.

What happens if the debtor enters a Defence, or if the claim falls outside the debt recovery scheme?

For details of Court issue fees payable, please see the table above. If a claim is defended, trial fees are also payable by the Claimant. For a fast track claim, the trial fee is currently £545. For a multi-track claim, the trial fee is currently £1,090.

Typically, a defended fast track claim can cost £8,000 to £10,000 plus VAT and disbursements such as Counsel’s fees. Counsel’s fees for representing you at the trial are likely to be £1,500 plus VAT.

Typically, a defended multi track claim can cost £20,000 to £30,000 plus VAT and disbursements. Counsel’s fees for representing you at trial are likely to be £4,000 plus VAT for preparation and the first day of the trial and £1,250 plus VAT for each additional day.

In our experience, pre-action work including trying to negotiate a settlement and preparing to issue proceedings can take up to 3 to 4 months. Defended cases are usually concluded within 12 to 18 months of the date of issue of proceedings.

The above estimated fees do not include:

•    Claims that include issues other than debt recovery, such as an application for an injunction;
•    Making or defending a counterclaim;
•    Dealing with detailed assessment of costs after judgment or acceptance of an offer; or
•    Enforcement action.

If work needs to be completed that is not covered by the above estimates, a separate estimate will be given as appropriate.

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