Our Debt Collection service usually begins with a letter before action being sent to the debtor.
Most clients have already sent several reminders to the debtor before they consider instructing a solicitor.
Many debt collectors like to threaten insolvency or bankruptcy by sending a statutory demand and delivering it in person via a process server. This can be intimidating, but in our experience, this is not a cost-effective approach, unless you actually intend to follow through with your threats. Furthermore, if the debt is disputed, the debtor could challenge a statutory demand which if successful could lead to a costs order being made against you.
You should also bear in mind that if your debtor does become insolvent or bankrupt at any stage of the process then you are unlikely to recover anything anyway.
Court Judgements and Enforcements
Before issuing court proceedings, you should consider whether the debtor has the assets to pay your debt. If not, then obtaining a court judgment against them may be ineffective in recovering any money from them. However, if you do obtain judgment then there are several different enforcement options available to you, which we discuss here: Understanding Enforcement Options
As Solicitors, we have an advantage over debt collection agencies in that we have experience acting for both debtors and creditors, from the initial letter before action right through to the enforcement procedures, including bankruptcy and insolvency. We will advise you regarding the various legal remedies available to you to recover your money and which ones are most appropriate and cost-effective for your specific matter.
Debt Collection from £50 plus VAT
We therefore usually recommend that we send just one solicitors’ letter by first class post threatening legal action. For most debts as little as 7 days notice can be given and for this service we will charge you £50 + VAT. We usually recommend that this letter is not sent using registered post or other signed for delivery service as documents are often deemed to be delivered provided you can provide evidence of posting. In other words, you do not have to prove that there were received only that they were posted. After that, if no payment is received within the time limit we normally advise you to issue court proceedings.
If the debt is between a business and an individual, or a sole trader, a pre-action protocol applies and you are required to provide the debtor with certain specific information and allow 30 days for a response to be received before issuing proceedings. We will advise you if this applies to your debtor and will ensure that the required information is provided to the debtor.
These costs apply where your claim is in relation to an unpaid invoice which is not disputed and enforcement action is not needed.
If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (e.g. if a one off letter is required), or an hourly rate if more extensive work is needed.
|Value of Claim (including interest)||Type of Claim||Paper Claim Form Fee||Online Claim Form Fee||Initial Advice (Fixed Fee)||Full Representation (plus VAT)|
|Up to £300||Small Claim||£35||£25||£95||£250-£750|
|£300.01 to £500||Small Claim||£50||£35||£95||£250-£750|
|£500.01 to £1,000||Small Claim||£70||£60||£95||£250-£750|
|£1,000.01 to £1,500||Small Claim||£80||£70||£95||£250-£750|
|£1,500.01 to £3,000||Small Claim||£115||£105||£95||£250-£750|
|£3,000.01 to £5,000||Small Claim||£205||£185||£95||£250-£750|
|£5,000.01 to £10,000||Small Claim||£455||£410||£95||£250-£750|
|£10,000.01 to £25,000||Fast Track||5% of the claim||4.5% of the claim||£95||£500-£3,000|
|£25,001-£100,000||Multi Track||5% of the claim||4.5% of the claim||£95||£1000- £10,000|
|£100,000.01- £200,000||Multi Track||5% of the claim||Unable to issue online||£95||£1000- £10,000|
|More than £200,000||Multi Track||£10,000||Unable to issue online||£95||£1000- £10,000|
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 based on the debt being undisputed and enforcement action, such as the bailiff, is needed to collect your debt not being required.
Our fee includes:
- Taking your instructions and reviewing documentation
- Undertaking appropriate searches
- Sending a letter before action
- Receiving payment and sending onto you, or if the debt is not paid, drafting and issuing claim
- Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgment in default
- When Judgment in default in received, write to the other side to request payment
- If payment is not received within 7 days, providing you with advice on next steps and likely costs
Our fee does not include:
- Pre Action Correspondence with the debtor or their solicitor
- Service of the Claim Form by any method other than first class post (for example via personal service or where the debtor lives abroad)
Matters usually take between 6 weeks – 10 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether it is necessary to issue a claim and the progression of the claim.
This is on the basis that the other side pays promptly on receipt of Judgment in default.
If enforcement action is needed, the matter will take longer to resolve and future fees will be involved, see Understanding Enforcement Options
For all other debts, initial advice can be given via a one-hour fixed fee meeting for £95 including VAT. Thereafter, we will give you an estimate and we will not exceed that estimate without getting your permission first. If appropriate, we will offer you a fixed fee for a fixed amount of work. We also offer Pay As You Go Legal Service, whereby you only pay for the legal services you actually want.
Debt Recovery Testimonials
"Thank you very much for your help, also please do convert my special thanks to Mr Sadler, he was indeed helpful and simplified the whole process of recovering my debt in minutes. I surely would recommend your services to friends and family of mine in desperate need and also will come back to you should my situation get worst and need legal help. I am glad I came across your firm so clear and transparent in fees structure, help and advice. Many Thanks"September 2017– Ritesh
I had a general conveyancing query and needed a second opinion. The response was so quick and the reply was really informative with a surprising amount of detail, but delivered in plain English (no legal jargon) that even I could understand. If I could start this whole buying and selling process again I’d have gone with Barrett and Co rather than the solicitors I’ve gone with.
Thank you Charlotte for the help and advice you gave us. The work was carried out quickly and efficiently and our meetings with you were a pleasure. I would certainly suggest Barrett and Co if asked for a recommendation.
Barrett and Co has been our family solicitors for over 20 years for various legal matters, including, immigration, purchasing properties, tenancy disputes, wills and recently employment related matters. This includes our extended family too. We would without any hesitation recommend Barrett and Co and in particular, Justin Sadler and his team for legal matters. Very helpful team of solicitors, knowledgable, friendly and understanding. On every occasion, from the initial contact to the resolution, it’s always a pleasure to work with them and no complaints at all. Easy to contact, updates where needed and the charges are well explained and reasonable too. Even though we live in Ascot, we find it easy to do most of the paperwork remotely and only visit the branch when it’s absolutely necessary. Thanks again and a very happy client.
I would definitely recommend Barrett and co-solicitors to anyone! I recently engaged Charlotte Fox to get a will put together and I must say that Charlotte made it an fast, effortless and painless process for me.. pricing was very competitive and I received regular communication and some great advice from her that ensured the will represented exactly what I needed. I have used other solicitors in Caversham in the past and I must say my experience with Barrett and co has been the best by far.
I found these solicitors very helpful in drawing up my will. First class service and a pleasure to deal with.
Not having spoken with Solicitors for many years we viewed our visit to Barrett and Co. with some trepidation but were completely put as ease by both Charlotte's with the advice and understanding given by them when requiring advice on changing our Wills and other associated matters. These matters were discussed thoroughly with ourselves throughout and completed very promptly. We would certainly recommend their services and have no hesitation in using them again, should the need arise.
Charlotte Fox handled my father’s Will in a professional and timely way. I would recommend them as solicitors for their excellent service
Excellent service and advice I would certainly use Barrett and Co again. Justin was very professional and knowledgable enabling me to achieve my desired outcome and cannot thank him enough. N