There are four main stages to the legal process of collecting a business debt which are:
- Letter Before Action
- Start Court Action
- Court Judgment
- Enforcement
This document outlines the fixed costs we charge for our debt recovery services for money claims relating to the supply of goods and/or services. It also provides information on how much of these costs can be recovered from the debtor under the Court Rules or Late Payment Legislation.
You should note that VAT will be charged on all fixed fees referred to below currently fixed at the rate of twenty per cent (20%) and that court fees will also apply on issue of court proceedings / judgment enforcement procedures.
STAGE 1 – PRE LEGAL ACTION
Threatening legal action and demanding immediate payment
Action | Fixed fee |
Letter Before Action (LBA) to the debtor threatening County Court proceedings (to include a demand for payment of interest and statutory compensation under the Late Payment Legislation when applicable) | £30 |
Follow up contact with debtor prior to taking court action (if required)
Action | Fixed fee |
Checking status of debtor, follow up calls and letters to debtor, payment negotiations and liaising with client (up to 1 hour’s work) | £90 |
STAGE 2 – COURT ACTION
Taking legal proceedings through the County Court
If you do not receive a satisfactory reply to the LBA, you can proceed to issue a County Court Claim for a money judgment after discussing this with us. At this stage, our work will involve preparing and sending a Claim Form and Particulars of Claim to the County Court Money Claims Centre and payment of a Court fee. The Court will then issue and serve these documents on the debtor.
Debt Value | Our fixed fee | Fee recoverable from debtor under the Court Rules where your claim is successful and the Claim Form is served by the Court |
|---|---|---|
Up to £300.00 | £120.00 | £35.00 |
£300.00 to £500.00 | £150.00 | £50.00 |
£500.01 - £1,000.00 | £175.00 | £70.00 |
£1,000.01 - £1,500.00 | £195.00 | £80.00 |
£1,500.01 - £3,000.00 | £220.00 | £100.00 |
£3,000.01 - £5,000.00 | £250.00 | £100.00 |
£5,000.01- £10,000 | £300.00 | £100.00 |
£10,000.01 - £15,000.00 | £400.00 | 5% of the value of the claim |
£15,000.01-£25,000.00 | £500.00 | 5% of the value of the claim |
£25,000.01-£50,000.00 | £750.00 | 5% of the value of the claim |
£50,000.01 - £100,000.00 | £950.00 | 5% of the value of the claim |
Additional debt recovery costs payable under the Late Payment Legislation (where the debtor is a business) | |
|---|---|
Debts up to £999.99 | £40 |
Debts between £1,000 and £9,999.99 | £70 |
Debts of £10,000 or more | £100 |
STAGE 3
The County Court Judgment (CCJ) can be obtained immediately after the deadline for responding to the claim expires if the debtor has failed to respond. The CCJ then gives you the right to take enforcement action to recover the debt.
Action | Fixed fee |
Entering default judgment, follow up letters and telephone calls to the debtor, payment negotiations and discussing enforcement options with client (up to 1 hour’s work) | £60 |
Anyone wishing to proceed with a claim should note that:
. The VAT Element of our fee cannot be reclaimed from your debtor.
. Interest and compensation may take the debt into a higher banding , with a higher cost.
. The costs quoted above do not include the costs of enforcement action such a bailiff or High Court Writ.
Solicitors’ fees recoverable from debtor when judgment entered | Judgment debt not more than £5,000 | Judgment debt more than £5,000 |
Judgment where no acknowledgement of service is filed at court | £22 | £30 |
Judgment where no defence is filed at court | £25 | £35 |
STAGE 4
Enforcement of Judgment
If, following judgment, the debtor fails to pay the debt, we will discuss with you the options for enforcing the judgment debt which may include:
- Seizure of goods by a County Court Bailiff or High Court Enforcement Officer (HCEO)
- A charging order application if the debtor owns or part owns a property
- A Third Party Debt Order (e.g. on the debtor’s bank account)
- Attachment of Earnings Order
- Insolvency Proceedings
Our fixed fees for dealing with the most common enforcement methods are set out below (these apply unless the court application is contested).
Action | Our fixed fee | Amount of fixed Solicitors’ costs payable by the debtor |
Apply for Bailiff warrant/High Court Writ and thereafter report to you on any updates and account for any money received | £60 | £2.25 County Court and £51.75 High Court |
Charging order application (if no hearing required) | £750 | £110 |
Third Party Debt Order application | £575 | £98.50 |
Attachment of Earnings Order | £200 | - |
Our team consists of a specialist litigation solicitor with over 12 years significant experience in the field of debt collection contested litigation matters and recovery techniques supported by a very experienced support team who although not legally qualified have around 10 years experience in the field of debt collection. We always ensure that all work is dealt with by appropriately qualified staff who all ensure that they keep up to date with changes in the law and practice to ensure we deliver the best service possible.