Pre-Proceedings Collection

We will request the full file of papers in your possession and carry out a full review and risk assessment of the matter which will determine the likelihood of recovering your monies owed to you. This will then allow us to decide on what retainer we can act under from the following;

  • Deduction only - 'No win, no fee'
  • Staged Fixed Fee + 10% + VAT* deduction
  • Hourly rate.

We will then send a Letter Before Action to the Debtor demanding payment of the outstanding debt within 14 days. The letter is sent free of charge. There is only a charge for this work on a staged fixed fee or hourly rate retainer.

If the payment is made within 14 days and the debt is settled, then we will either

  1. deduct 15% + VAT* from the total amount recovered or
  2. deduct the interest, compensation and recovery costs from the amount recovered

whichever is the higher amount.

The fee for sending the letter under a staged fixed fee/hourly rate will be £100.00 + VAT.

*The current rate of VAT is charged at 20%.

Issue of County Court Proceedings

Should the Debtor not respond then we will look to issue County Court Proceedings (subject to a pre-issue risk assessment) and will draft the Claim Form & Particulars of Claim.

If we are acting under a deduction-only retainer, we will endeavour to continue doing so. However, should the prospects of success change upon completion of our pre-issue risk assessment then the following fixed-fee amounts apply for this work depending on the size of the debt and what Court track it falls into.

Small Track Debts Fixed Fee (Up to £10,000.00)

Stage

Up to £4999.00

From £5000.00 - £9999.00

Claim Form & Particulars

£200.00

£300.00

Reply to Defence (If needed)

£150.00

£150.00

Defence to Counter-claim

£150.00

£150.00

DQ and Directions

£75.00

£75.00

Witness Evidence (per statement)

£150.00

£150.00

Disclosure

£150.00

£150.00

Trial Bundle

£300.00

£300.00

Deduction from overall amount of debt recovered

10%

10%

Court Issue Fee

 

£25.00 - £205.00

£455.00

*please note the above amounts and % deductions exclude VAT

Fast-track claims £10,000 - £25,000

We will seek to recover our standard costs from the losing party upon successful conclusion of a case. Depending on the retainer entered into we may require a payment on account to start the matter and may raise interim bills throughout the life of the case. Any monies paid on account for legal costs will be offset from the paying party upon successful conclusion of a case.

Multi-track debts £25,000 +

We will seek to recover their standard costs from the losing party upon successful conclusion of a case. However, there will be an hourly rate charge for this work and interim bill(s) will be raised at certain points throughout the life of the case. Any monies paid on account for legal costs will be offset from the paying party upon successful conclusion of a case.

Disbursements

All disbursements are to be funded by the client and we will seek recovery of the same upon successful conclusion of the case. All disbursements paid for in advance and recovered will be paid back to you. These will be for court fees, Barristers’ fees etc.

Counterclaims

All counterclaims across fast and multi-track will be billed at an hourly rate. We will seek to request the Court to move all small track matters were counterclaims have been raised to the fast track due to complexity.

Set-aside Applications

All set aside applications carry a fee of £500.00 + VAT plus the £255.00 court fee and another related disbursement(s).


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 are not for matters where enforcement action, such as the High Court Enforcement Officer (HCEO), is needed to collect your debt.

Our fees include:

  • Taking your instructions and reviewing documentation
  • Undertaking appropriate searches (except for when it becomes necessary for a third-party tracing agent to be instructed, i.e. because the debtor has moved and cannot be located)
  • Sending a letter before action
  • Receiving payment and sending onto you, or if the debt is not paid, drafting and issuing the claim
  • When Judgement in default in received, write to the other side to request payment
  • If payment is not received within 14 days, providing you with advice on next steps and likely costs

It is not possible to give a definitive timescale on how quickly the debt recovery process may take, you know your debtor better than us! However, ordinarily, matters usually take 14 days to 6 weeks from receipt of instructions from you to receipt of payment from the other side. This is on the basis that the other side pays promptly and the debt is not disputed. Where the debt is disputed, or where the debtor simply fails to respond, then the process understandably takes longer and may require additional correspondence and telephone calls to be made before issuing County Court proceedings. If we issue County Court proceedings and we are able to obtain an early Judgement in default, i.e. due to a failure of the debtor to lodge a formal Defence, then we can take enforcement steps. If enforcement action is needed, the matter will take longer to resolve.

Example:

Letter Before Action 14 days

Reminder letter 7 days

Court Proceedings if no response or denial 7 days

Total time from instructions to issuing court proceedings 28 days

If the debtor does lodge a formal Defence and shows an intent to defend the claim to trial, then depending on the Court, the claim may take between 4-6 months from the date of issue.

What our clients say

How can we help you?

To find how our friendly and knowledgeable solicitors can help you, contact us today.

Get in touch - 0151 659 1070