Our solicitors are experienced in helping debtors, creditors, funders, and insolvency professionals with the management and recovery of debt and assets.
We offer a full range of debt recovery and insolvency services to UK businesses and individuals, including bankruptcy petitions and proceedings, debt recovery orders, debt management advice, and help with family insolvency issues (including those related to divorce proceedings).
If you would like to speak with a member of our debt recovery and insolvency team, please contact Maria Mitu or fill in our contact form.
Our approach to debt recovery
Letter before Action
We start by sending the debtor a letter saying we will start proceedings unless they pay by a certain date (usually within 14 days of receipt for corporate debtors and within 30 days of receipt for individuals).
Court Proceedings
If this fails, we will draft a Claim Form and its particulars and request that the court issue proceedings. The debtor must respond within 14 days of being served with this Claim Form. The debtor has the following options:
- Admit the debt and pay in full
If the payment is made after the court issues its documents, the debtor must pay the required interest and legal costs of collection.
- Admit the debt and offer to pay in instalments
If the client consents, we can ask the court for a judgment to pay in instalments. If the client does not agree with the debtor’s proposal a hearing will be set to consider the debtor’s financial status before deciding on the amount to be paid by instalments. If our presence is required at the hearing we will charge an hourly fee for our services.
- Advance the claim
If the claim is rejected by the debtor, it can either be settled out of court or through a trial. We charge our normal hourly rates for a contested debt procedure.
Any receivable owing accumulates interest of 8%, to which court and solicitors’ fees are added. Solicitors’ fees can only be claimed for debts in excess of £10,000. For debts below £10,000, solicitors’ fees must be paid by the appointing parties.
Enforcement of Judgments
If a court judgment is obtained, the debtor is obliged to pay within 14 days. If the debtor fails to meet this deadline, we will help you find the best method of enforcement. Generally, you will have the following options:
- Order to obtain information from a judgment debtor
This order compels the debtor to appear in court to answer questions about their financial status. This process illuminates the debtor’s assets to help identify the most effective method of enforcement.
- Obtain a warrant of execution – County Court bailiff
The bailiff will visit the debtor’s property to recover assets for sale at auction. The court fee for this service must be paid regardless of whether sufficient goods are recovered.
- Attachment of earnings
This order compels the debtor’s employer to pay part of the debtor’s salary to the creditor. You as creditor will be paid regularly until the debt is settled. This option does not apply to debtors who are self-employed. While this method is effective, repayment of the debt can take a long time, depending on the debtor’s salary.
- Charging Order
If the debtor has a property worth enough to pay off the debt after payment of any existing mortgages and other obligations, you can apply for a sale order. You must first obtain a Charging Order to confirm that you will apply the proceeds of sale to the debt.
- Third Party Debt Order
If you have the debtor’s bank details, you can request an order to recover the debt directly from their account.
Our fees
We offer debt recovery services subject to a privately agreed fee for each particular matter. The following costs refer to cases where the debt is not disputed by the other party and no enforcement action is required. If the defendant disputes the claim, we will discuss any additional services that may be needed as well as review our costs for further work. VAT (20%) will be added to all our fees.
Initial consultation (lasts up to an hour): £200
Stage 1: Pre-Issue
| Claim for | Our Fee |
|---|---|
| £25,000.01-£50,000 | £695* |
| £50,000.01-£100,000 | £795* |
| £100,000.01-£200,000 | £995* |
| over £200,000 | £1,095* |
*We normally charge a success fee of 10% plus VAT of the debt recovered.
Stage 2: Issue court proceedings and apply for judgment
| Claim for | Our Fee | Online Court Fee (no VAT) |
|---|---|---|
| £5,000.01-£10,000 | £695* | £410 |
| £10,000.01-£25,000 | £795* | 4.5% of the value of the claim |
| £25,000.01-£50,000 | £895* | 4.5% of the value of the claim |
| £50,000.01-£100,000 | £995* | 4.5% of the value of the claim |
| over £100,000 | TBA* | 5% of the value of the claim (limited to £10,000) |
*We normally charge a success fee of 10% plus VAT of the debt recovered.
Stage 3: Enforcement of judgments
| General Options | Our Fee | Court Fee (no VAT) |
|---|---|---|
| Order to obtain information from a judgment debtor | Hourly, based on time spent | £59 |
| Obtain a warrant for execution – County Court bailiff | Hourly, based on time spent | £130 |
| Attachment of earnings | Hourly, based on time spent | £119 |
| Charging Order | Hourly, based on time spent | £119 An additional Land registration fee of £45 is usually required for obtaining information on the property. |
| Third Party Debt Order | Hourly, based on time spent | £119 |
When hourly billing applies
We will charge you based on the time the fee earners involved spent on your behalf, using the Rate Card below. The invoiced fees will be the product of hours worked multiplied by the relevant hourly rate, to which VAT will be added.
The Rate Card and the hours worked are not the only basis for determining our fees, you may also be responsible for other fees and expenses as stated and agreed in your engagement letter. Please always refer to the terms in your engagement letter for accurate billing information and speak with our staff if you have any questions.
Please also note that our billing rates on the Rate Card below are reviewed periodically and we will give you reasonable notice in writing of any changes.
| Fee Earner | Hourly Rate |
|---|---|
| Partner | £530 |
| Senior Counsel/ Consultant/ Of Counsel | £450 |
| Senior Associate | £400 |
| Associate | £325 |
| Trainee Solicitor | £225 |
| Senior Legal Analyst | £150 |
| Legal Analyst | £90 |
| Legal Support | £45-90 |
Information to Consider
- The VAT added to our fees cannot be reclaimed from the debtor.
- Interest and compensation may increase the value of the debt, resulting in a higher cost.
Timescale
We aim to offer a fixed price for our services in situations where it is possible to estimate the time required to act on your case. If this is not possible, we will provide you with a cost estimation and update you regularly on the costs incurred. All charges will be subject to your prior approval.
Typically, debt recovery procedures are resolved within 2 and 12 weeks of our initial instruction. The exact duration depends on whether it is necessary to issue a claim and whether the debtor pays promptly. If enforcement action is required, the duration of the case will likely be extended.
Please do not hesitate to contact us if you have any queries regarding our fees.