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Debt

Debt Recovery

It may be the case you are owed a debt from a friend, family member or another individual. A debt can arise for many reasons, such as a loan, financial help or payment owed to you. If you have not been able to obtain repayment of the Debt, our specialist debt recovery solicitors can help pursue and recover any debt owed.

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How can Debt recovery solicitors help you recover a debt?

If a debt is owed to you, then you are a Creditor. Our debt solicitors can discuss with you the best way to try and obtain payment for the debts owed to you. We can provide practical help through the debt recovery process, whatever your situation.

We will provide clear advice on all the factors to consider when pursuing repayment of a debt and will often provide funding options based on the amount of the Debt and whether it is likely to be disputed by the Debtor.

Factors our Debt recovery specialists consider in the assessment include:

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1

Small claims

Whether legal costs will be recoverable as part of any claim. Typically legal costs of representation are only recoverable if the Debt is over the Small Claims limit of £10,000.
2

Debt recovery

Debt recovery options such as a letter of claim, statutory demand, Court proceedings.
3

Financial difficulty

If the Debtor is in financial difficulty and incurring legal costs of Court action and securing a Judgment may not result in the Debt being repaid as the Debtor has no assets against which recovery can be made.
4

Dispute

If there is a possible dispute in relation to the Debt or a possible Counterclaim.
5

Payment

How the Debt arose, and what terms were agreed upon as regards repayment.

Pre-action Protocol for Debt Claims

If the Debt arises from a business and you are pursuing repayment of a debt against an individual, there is the requirement to comply with the Pre-action Protocol for Debt Claims.

At Davisons Law, we can ensure compliance with the Protocol, which provides an opportunity to try and agree on a resolution without taking Court action unless necessary. 

A failure to comply with the Protocol could result in the Court claim being dismissed or costs sanctions against the Creditor.

Court action

If a letter of claim does not lead to a resolution agreed for repayment of the Debt, it may become necessary to pursue a Court action to secure a County Court Judgment (CCJ), which is a court order to pay money.

Once a CCJ has been obtained, it may be possible to take enforcement action against the Debtor if they still do not repay the Debt. Our specialist debt recovery solicitors can help with obtaining a CCJ and any enforcement action.

Our fixed fees for debt recovery (individuals)

Where the debt is owed by an individual and is not a business debt, we work to a transparent fixed fee structure for each stage of recovery. This means you know what each step will cost before you commit to it, and you only pay for the work you instruct us to carry out.

The fees below are the fixed amounts inclusive of VAT. They do not include disbursements such as court fees, which are payable separately at the prevailing rate.

Pre-action stage

Before any court action, we work with you to put the debtor on notice and try to agree repayment.

  • Taking instructions and drafting a Letter of Claim – £240 (£200 plus VAT). We review your papers, draft a bespoke Letter of Claim and send it to you for approval.
  • Sending the Letter of Claim – £60 (£50 plus VAT). We finalise the approved letter, send it to the debtor and confirm to you.
  • Follow-up telephone calls – £24 (£20 plus VAT) per call. Non-routine calls longer than six minutes are charged at our hourly rate.
  • Follow-up letters or emails – £24 (£20 plus VAT) each.

Court proceedings

If the debtor does not respond or pay following the Letter of Claim, the next step is usually to issue a claim at court.

  • Issuing the claim form – £420 (£350 plus VAT) for claims under £10,000, or £480 (£400 plus VAT) for claims over £10,000. The court fee is payable in addition.
  • Requesting judgment in default – £90 (£75 plus VAT) where the debtor fails to acknowledge or defend the claim.
  • Notifying you of a defence or counterclaim – no charge. We will tell you straight away and take your instructions.
  • Representation in a defended claim – from £160 plus VAT per hour. Defended claims fall outside fixed fees and we will give you a costs estimate based on the issues in dispute.

Enforcement stage

Securing a County Court Judgment (CCJ) does not always mean the debtor pays. If they do not, we can advise on enforcement.

  • Advice on enforcement options – no charge. Once judgment is secured, we review what we know about the debtor and recommend the most appropriate route.
  • Instructing County Court Bailiffs – £180 (£150 plus VAT), plus the court fee.
  • Instructing High Court Enforcement Officers (HCEOs) – £240 (£200 plus VAT), plus the court fee. HCEO fees are recoverable from the debtor where any part of the debt is recovered. If recovery is unsuccessful, the abortive fee of £90 plus VAT is payable.
  • Liaising with bailiffs or HCEOs – from £160 plus VAT per hour.
  • Charging Orders and other enforcement options – charged at £160 plus VAT per hour, plus the court fee. These steps fall outside fixed fees.

A note on small claims

Where the debt is under £10,000, the matter is treated as a small claim by the court. Legal costs of representation are generally not recoverable from the debtor in small claims, beyond some limited fixed costs. We will always discuss the commercial merits of each step with you so you can make an informed decision before incurring further costs.

Download the full fixed fees document (PDF)

Have any questions or need any help?

Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help

Debt Recovery FAQs

At Davisons Law, our debt recovery solicitors offer guidance on the key factors to evaluate when seeking debt repayment and frequently present funding options, considering the debt amount and the chances of a dispute by the debtor. 

Continuous disregard of debt collectors may lead your initial lender to take legal steps against you. This could lead to a County Court Judgment (CCJ), which will be present on your credit report for 6 years.Â