Debt Recovery For Businesses

There are several options open to you.

Letter Before Action

This is the first step in the process and it sets out the details of the claim, which include:

• The basis on which the claim is being made
• A summary of all the relevant facts
• The details regarding exactly what you are seeking as a claimant from the other party (the defendant)

Making a Claim with the Small Claims Court

The Small Claims Court is cheaper than a claim in the High Court, and they deal with claims up to £10,000. The claims are heard by a county court, and is simpler and more streamlined than the High Court.

Chasing a Judgement Through Enforcement

If you are successful in court and are awarded a judgement, it can still be the case that the other party does not pay. If that happens then the debt needs to be recovered by having the debtor appear in Court to be questioned; this can lead to a payment or, for judgements up to £5,000, the option to send bailiffs to seize and sell the debtor company’s goods.

Issue a Winding-up Petition

This is an option if an insolvent company fails to pay a debt greater than £750 which is overdue by at least 21 days. The Winding-up Petition is advertised in a publication called ‘The Gazette’; if it is not successfully opposed then the company can be compulsorily liquidated. This closes the company and its assets are liquidated for the benefit of all of its creditors. If there is enough money to be shared between the creditors then you will get some or all of what is owed to you, depending upon how much is raised by the liquidation.

We deal with the total debt recovery process from commencement of money claims, obtaining judgment; and enforcement to all related insolvency issues.

If the debt claim becomes defended then we will deal with the issues on your behalf. We will explain the cost implications. We will advise on merits and try to reach a commercial settlement. No jargon. No hidden fees.

Once instructed we will write to the debtor on the same day instigating the claim.

Time Scales

A typical debt recovery is always dependant on the letter before claim being responded to from the other side.

This may be quicker or longer depending on whether we are required to issue a claim and whether the other side pay promptly on receipt of any Judgment issued by a court. As detailed above, if enforcement action is required, we will discuss the fees and timescales involved.

Key Milestones

With every transaction there are key milestones, which may vary according to individual circumstances. Our fee will include these milestones and may be as follows:

• Taking your instructions and reviewing documentation
• Undertaking appropriate searches
• Issuing a letter before action requesting payment from the debtor
• Receiving payment and sending this on to you
• Drafting and issuing a claim form to the relevant court if the debt is not paid
• Applying to the court to enter a Judgment in Default if the debtor fails to respond to court proceedings
• Contacting the other side to request payment where a Judgment in Default has been issued by the court

Debt Recovery:

We appreciate that the fees involved in debt recovery are important to you. We review our fees on a regular basis, considering client’s feedback, to ensure we continue to offer a cost-effective debt recovery service.

If during the debt recovery process, the matter becomes disputed or enforcement action is required (where you need to appoint a bailiff), we will discuss the change in fees with you and agree a way forward.

When claiming costs from the debtor, it is important to note that the 20% VAT element of any fees cannot be claimed.

You can claim interest and compensation and we will advise you of the applicable rates.

On issue and conduct of proceedings through the Central Court Centre we will include in the claim the court fixed costs in accordance with those set out in Part 45 of the Civil Procedure Rules for all proceedings and methods of enforcement undertaken and relevant court fees or disbursements. These will be payable by you to us if not collected from the debtor.

In addition to the fixed costs and relevant court fees or disbursements we charge set fees for the following actions and enforcement:

Insolvency:

Statutory Demands

Our charge is £150.00 (VAT at 20% included), together with the disbursement costs of the process server.

Bankruptcy and Winding up Petitions

Bankruptcy and Winging up Petitions fixed fee of £900.00 (VAT at 20% included) and disbursements.

Defended actions

Charges for work on Defended claims are at the hourly rate of £200.00. If any matters become disputed we will contact you and set out your options, the likely costs, the cost benefit and the potential timescale to conclusion.

To enable you to monitor and budget for costs, we shall deliver bills to you regularly, usually at monthly intervals. Invoices become due and payable 14 days from the date of issue.

Exclusions

There may be factors which would typically increase the cost of the fees. Where there is likely to be any additional cost, we will make sure you are informed of this at the earliest opportunity and a clear estimate of those extra costs will be provided.

Factors that may lead to an increase in cost include:

• Enforcement proceedings
• Instructing a Bailiff