Personal Debt Recovery Solicitors
Unpaid debts can leave you significantly out of pocket which can also be stressful and frustrating. If you’ve been unable to recover your money amicably from the other person or organisation, it could be time to consider taking legal action.
We can help you by corresponding with them on your behalf and progressing matters from there. If necessary, we can take the action as far as the courts but we always look to settle your case as promptly and efficiently as possible. Our specialist team provides expert legal advice in seven different languages to help clients with a wide variety of legal matters. Call them on 0208 1111 911or contact them through the website to discuss your circumstances.
How do personal debts arise?
There are many different ways that personal debts can arise. The most common ones include:
- Failure to issue a promised refund from a purchase
- Unpaid wages from an employer
- Money lent to a friend, relative or business
- A bounced cheque from a person or organisation
- An unreturned deposit from a landlord
- Rent owed by a tenant or lodger
We can advise on any of the above and most other personal debts, so contact us if you are owed money by another person or an organisation.
How is debt recovery handled?
This will vary based on the circumstances of your case but in simple terms we will:
- Consider the evidence you have of the debt to support your claim. A fee may apply at this stage if the case is a complex one.
- Issue written letter to the other party on your behalf, explaining the deadline to pay and the consequences of non-payment.
- Issue court proceedings against them to recover the debt.
- Obtain a County Court Judgement (CCJ) against the debtor.
Many claims are resolved at the point of receiving the first letter, because the debtor fully understands the seriousness of the matter and that they may suffer consequences for non-payment. At any stage, we may also review and respond to any defence issued by the debtor and will advise you of any relevant fees before we do this.
How much will debt recovery advice cost me?
The amount you need to pay will vary based on the amount and nature of the debt, among other factors. Click to expand the section below to see a full breakdown of our fees at each stage of the process.
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Our Fees
If you have an undisputed personal debt claim that was incurred in England or Wales, under £25,000 and you and the debtor both reside in England or Wales, our fixed fees for recovering the debt are as follows:
STEP 1
- Consider instructions and evidence
- Carry about appropriate searches and checks to identify the debtor
- Draft and send Letter Before Action to the debtor with the Reply Form and Financial Statement demanding full payment of the debt within 30 days
- Fixed fee: £45 plus VAT
STEP 2
- Draft and issue Court Proceedings
- Request Judgement from the Court if the debtor does not respond to the County Court Claim
- Send the Judgment to the Debtor demanding full payment within 14 days
- Fixed fee: £150 plus VAT
STEP 3
- Enforcing payment of the unpaid Judgment
- Judgment of £600 and under:
- Request Warrant of Control
- Fixed Fee of £25 plus VAT
- Judgment over £600:
- Instruct High Court Enforcement Officer
- Fixed fee: £50 plus VAT
- If there are no goods or money to the value to take, but the debtor owns property:
- Application for Charging Order – £50 plus VAT
Court Fees to Issue a Claim
Debt Value Court Fee Up to £5,000 Scale between £35-£205 £5,000.01 – £10,000 £455.00 £10,000.01 – £25,000 5% value of the claim Other Disbursements
- Court Application fee for Warrant of Control (County Court enforcement) – £83 for recovery of a sum of money, £130 for recovery of goods
- Sealing a Writ of Control (High Court Enforcement) £71 Court Fee, £90 Compliance Fee
- Application for Charging Order if no goods or money to the value – £119.00
- Tracing agent’s fee – £70 – £100 plus VAT
Who will be dealing with your Debt Claim?
We have a team of experienced Debt Recovery litigators led by Samantha Ibrahim, a Chartered Legal Executive with over 20 years’ litigation experience. Helen Laycock is a Litigation Executive with over 3 years’ litigation experience.
The team is supervised by Richard Helsby MA (Hons) Dip.Law. Richard qualified as a solicitor in 1998 and has many years’ experience of litigation and compensation claims.
Timescales
- We will acknowledge your instruction within 24 hours and send out the Letter Before Action (LBA) to the debtor within 7 days.
- LBA – Deadline for Payment: –
- A commercial (business) debtor: 14 days
- An individual (person) debtor: 30 days
- County Court Proceedings: –
- If the debtor fails to file an acknowledgement of service within 14 days of the date of service, Judgment (CCJ) can be requested against the debtor on day 15.
- If the Debtor files an Acknowledgement of Service they will be entitled to a further 14 days to file their Defence. Judgment can be requested on day 29 after the date of service of court proceedings if no Defence is filed.
- We will always attempt to settle your claim before issuing court proceedings. We will continue to attempt to settle your claim once Court proceedings have been issued.
- The time period for enforcement of the debt from the date that the Warrant of Control/Writ of Control is issued, is typically 8-12 weeks.
Hourly Rate for disputed matters
If the debtor defends the claim, then any further work will be charged at an hourly rate plus VAT:
- Chartered Legal Executive £255.00 p/hr + VAT
- Litigation Executive £177.00 p/hr + VAT
We will let you know if these charges become applicable and provide you with an estimate as to the overall costs and timescales at that time.
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How do I get advice for debt recovery?
Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. The call is free and there are no upfront fees. We’ll explain the best course of action and the likely fees to you, before you need to make a decision about instructing us to work with you.
