DEBT RECOVERY (Business to Business) FIXED FEES

This document sets out the Debt recovery fees which will apply for Commercial debt recovery work undertaken for any business clients (“the Client”) pursuing recovery of a debt owed by another business.

The Debt Recovery Fee structure seeks to maximise recoverability by the Client pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (“the Act”).

PRELIMINARY POINTS:

The Client is deemed to have undertaken their own due diligence as regards the credit rating and likelihood of recovery from any Debtors, whereby they do not require the Solicitor to undertake any investigation into financial status of the Debtors.
The Solicitor understands all the Debtors will be Business Debtors, whereby interest, compensation and costs may be recoverable under the Act.
The Fixed fees are based on the Client providing an invoice or Statement of account which clearly and accurately specifies:

Name and address of the Debtor.
Balance of the Debt payable unless different balance is confirmed in writing.

Pursuant to the Act, fixed compensation we may also claim from the Debtor is as follows:

Debt less than £1,000 – Compensation in the sum of £40.
Debt of £1,000 to less than £10,000 – Compensation in the sum of £70.
Debt of £10,000 or more – Compensation in the sum of £100.

Debt recovery costs allowed under the Act will normally be claimed when Court proceedings are issued, if applicable.
The Debt recovery action is based on the Debtor paying the Client directly. If the Client prefers payment to be made to the Solicitor additional charges will apply for administration costs.
Only the fixed fee work which the Client requests by email will be undertaken unless the Solicitor is instructed to take any further action. The Client is responsible for providing written instructions for any additional steps to pursue the Debt.
A conflict check will be undertaken before any action is taken against a Debtor. If there is a conflict, we will be unable to pursue the Debtor and will notify you accordingly.
The fixed fees do not include disbursements, such as Court fees payable at the prevailing rate.

FIXED FEES TABLE (DEBT RECOVERY – BUSINESS TO BUSINESS)

	ACTION	Description of action	FIXED FEE (inc. of VAT)
PRE-ACTION STAGE
1	Letter of Claim (LoC)	Take instructions, review papers, draft and send 7-day LoC, confirm sent, notify the Client if receive response.	£60 (£50 plus VAT)
2	Telephone calls	Any telephone calls after LoC sent. (non-routine calls longer than 6 mins based on hourly charge).	£18 (£15 plus VAT)
3	Letters or emails	Any letters or emails after LoC sent.	£18 (£15 plus VAT)
COURT PROCEEDINGS
4	Issue Claim form to commence Court proceedings.	Prepare, issue, and serve Claim form for the Debt plus interest and recoverable costs.	Claims less than £10,000: £420 (£350 plus VAT) Claims over £10,000: £540 (£450 plus VAT) * Plus – Court fee
5	Request Judgment	Apply for Judgment in default of Defence or Acknowledgment filed in response to the Claim form.	£60 (£50 plus VAT)
6	Defended Claim (If applicable)	In the event of any Defence and/or Counterclaim, notify the Client and seek instructions.	Nil
7	Representation in a defended Claim (If applicable)	If the Claim is defended, any further work will NO longer be subject to fixed fees. An estimate of likely costs will be provided based on assessment of the issues to be determined.	Hourly rate payable: From £160 plus VAT
ENFORCEMENT STAGE
8	Advice on enforcement options	Once Judgment secured based on information known about the Debtor advice given on enforcement options.	Nil
9	Bailiffs	Instruct Court Bailiffs to try and enforce on the Debtor.	£120 (£100 plus VAT) * Plus – Court fee
10	High Court Enforcement Officers (HCEOs)	Instruct and secure Writ for enforcement by HCEOs on the Debtor. HCEO’s fees payable by the Debtor (if any part of the Debt recovered)	£180 (£150 plus VAT) * Plus – Court fee (HCEO abortive fee if NO recovery = £90 plus VAT)
11	Communication with Bailiffs and/or HCEOs	Liaise with Bailiffs and/or HCEOs on enforcement steps and any recovery, advise and update the Client.	Hourly rate payable: From £160 plus VAT
12	Charging Order and other enforcement options	Fees will depend on type of enforcement action taken. (NOT subject to fixed fees)	Hourly rate payable: £160 plus VAT * Plus – Court fee

Contact Details

Please do not hesitate to contact the Debt Recovery Team if you have any queries or wish to retain our services – contact details for the Team:

Debt Recovery Team

Davisons Law, 63-65 Beckbury Road, Weoley Castle, Birmingham B29 5HS

Email: Debtrecovery@Davisons.law

Tel no: 0121 685 1248