Costs of debt collection
We have collected debts for Businesses and Individuals for over 30 years and have successfully handled debt recovery legal action through various courts for debts of all sizes.
We understand the urgency of recovering a debt as quickly as possible. We aim to provide an efficient and cost effective debt recovery service regardless of the size of the debt. We can tailor the debt recovery strategy to your individual needs and the nature of the debt to ensure the best possible outcome is achieved. We will keep you informed as to the progress of the debt recovery action.
We will provide you with advice on the most appropriate method of recovering monies owed, including advice on interest and on the best methods of negotiating payment in the event that debtors are experiencing financial difficulties.
We aim to deliver practical cost effect legal advice. We set out below costs for our debt recovery work for claims up to a value of £100,000.00 against debtors located within England and Wales. We will provide a specific quote for debts above this value.
Our costs below apply where the claim relates to undisputed debts. If the other party disputes your claim at any point before the issue of court proceedings, we will discuss with you individually the further work required and provide a revised costs figure dependent upon the circumstances of your case.
- simple letter before action – £50.00 plus VAT;
- if no response, drafting claim form – £80.00 plus VAT;
- if no response, applying for Judgment in default – £80.00 plus VAT.
For a fully compliant pre-action protocol letter our costs are:
- letter before action – £150.00 plus VAT;
- if not response, drafting claim form – £100.00 plus VAT;
- if not response, applying for Judgement in default – £100.00 plus VAT.
If a claim is issued there is also a court fee payable dependent on the size of the debt and ranging from £35.00 for a claim up to £300.00 in value to 5% of the value of the claim for debts over £10,000.00 and up to £100,000.00.
If your claim is successful the debtor will be ordered to pay a small percentage of your costs but if these are not recoverable you will remain liable for our costs and charges.
Costs of enforcement action
If a Judgment is obtained, additional work is likely to be required to obtain payment of the debt. Usually, we will instruct High Court Enforcement Officers (HCEO) to try and recover the debt on your behalf. Our costs for instruction of the HCEO – £100.00 plus VAT, plus a court fee of £66.00 to transfer the Judgment to the High Court for enforcement.
If the debtor is unable to pay the Judgment an abortive fee of £75.00 plus VAT is payable to the HCEO.
We can prepare and submit a Letter before Action within 48 hours of your instruction to us provided all relevant information has been provided. We will demand payment of the debt on your behalf usually within 7 or 14 days. For pre-action protocol matters the timescale for a response allows 30 days.
If payment is not made the court claim form can be prepared (usually within 48 hours) and subject to receipt from you of the fee sent to the court for issue. The debtor has 14 days from receipt of the claim form in which to respond.
If a response is not submitted by the debtor to the court, we can enter Judgment on your behalf.
If an initial response is submitted by the debtor an additional 14 days is granted for a defence to be filed. In the absence of a defence within an additional 14 days, we can again apply to enter Judgment on your behalf.
Factors that are likely to cause an increase in costs
- If a defence is filed;
- If it is necessary to make applications to amend the claim or to provide further information about an existing claim;
- Dealing with litigants in person (individuals who are not legally represented);
- Difficult opponent.
If your case involves complications we will inform you, notify you of any additional fees likely to apply and allow you to make an informed decision as to how you wish to proceed.
Statutory Demand –
Where the debt is undisputed and exceeds £5,000.00 a Statutory Demand can be served. This consists of a formal written demand for payment of the debt within 21 days. If the debtor fails to pay within the 21 days and does not apply to have it set aside (where the debtor is an individual), or fails to apply to restrain the creditor from presenting a winding-up Petition (where the debtor is a company), the Statutory Demand can be used as grounds to present a Petition to the court for a bankruptcy order (where the debtor is an individual) or a winding-up order (where the debtor is a company).
Our costs for preparing a Statutory Demand are £400.00 plus VAT with an additional fee payable for service of the Statutory Demand by a process server (approximately £100.00 plus VAT).
We can prepare and instruct process servers to serve a Statutory Demand for you usually within 72 hours. If the debtor responds to the Statutory Demand and makes proposals for payment, we will discuss these with you and provide advice upon those proposals. If there is no response to the Statutory Demand we will advise you about the process of issuing a bankruptcy or winding-up Petition. If an application is made to set aside the Statutory Demand, we will advise you about the prospects of successfully opposing that application and if you choose to do so, we will advise you about the possible costs implications at that time.
Bankruptcy Petition –
If a Statutory Demand has been validly served and not set aside, a bankruptcy petition can be presented against an individual. The court fee to issue a bankruptcy petition is currently £280.00 with a petition fee of £990.00 as well. Our costs for drafting a bankruptcy petition will be £500.00 plus VAT. Any bankruptcy hearing will involve costs up to £1,000.00 plus VAT.
Winding-up Petition –
Similarly, if a Statutory Demand has been validly served and not opposed, a winding-up petition can be presented against a company. The court fee is £280.00 and the petition fee £1,600.00. Our fee to draft the winding-up petition is £500.00 plus VAT. Any winding-up hearing will involve costs up to £1,000.00 plus VAT.
The court provide a date for hearing of a bankruptcy petition or winding-up Petititon. Timescales are, therefore, dependent upon court lists.
Mark Robinson – Head of Dispute Resolution Team
Mark leads our dispute resolution team, which includes debt recovery. He has over 30 years’ experience of conducting a wide range of debt claims, and associated services, for both businesses and individuals. He qualified as a Solicitor in 1983.