Debt Recovery
If you run a business then it is likely that at some point you are going to have to chase an unpaid invoice or two. When that doesn’t work then our debt recovery team are on hand to help.
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Our debt recovery services ensure fluid cash flow
We pride ourselves on offering a quality service provided by experienced legal advisors who will oversee and progress your claim from beginning to end. To make things as transparent as possible, each stage of the debt recovery process has its own fixed fee and these are set out [here].
However, before we can assist, you need to be sure that your claim:
- Is a business debt;
- Relates to an unpaid invoice; and
- Is undisputed as far as you are aware.
If you can answer “yes” to all three requirements, then it is likely that we can assist. We’ve set out our fees below. If the answer is “no” to all or any of the above, we may still be able to assist and would be happy to discuss your requirements with you.
The Court fee for issuing a claim is calculated on a percentage of the sum claimed. You can find out more information on the government website which sets out the current fees payable. We shall confirm the Court fee before issuing your claim.
There may also be other payments to third parties which are known as “disbursements”. These third parties could include, for example, the Land Registry for information regarding a Debtor’s property, or enforcement agents such as Bailiffs.
To make things as transparent as possible we have broken down the process and our fees at each stage.
Stage 1
Before Court – £300 + vat
- Review of your papers, eg invoice and contract
- Undertake relevant searches against the debtor to establish if risk of insolvency
- Undertake Land Registry search against debtor’s property where address known
- Send a letter before action to debtor
- Report to you as regards issues arising and advise you if issuing a Statutory Demand would be appropriate (this is outside of the fees quoted here)
- Either make payment to you on receipt or, if the debt remains unpaid, request whether you wish to proceed to Stage 2
Stage 2
Court proceedings £450 + vat
- Draft and issue your claim
- Where no Acknowledgment of Service and/or Defence apply to the court to enter judgment in default and report to you
- Report to you when Judgment received
- Upon receipt of judgment write to the judgment debtor for payment
- If the judgment debt remains unpaid after 14 days you may wish to proceed to Stage 3 and we will provide you with initial advice on which method of enforcement may be the most appropriate, or if it is not cost-effective to pursue.
Stage 3
Enforcement
Fees vary depending on enforcement method
- Instruct a High Court Enforcement Officer or a County Court Bailiff – £300 + vat
- Obtain a Charging Order – £450 + vat
- Attachment of Earnings Order – £300 + vat
- Third Party Debt Order – £450 – vat
- Order to Obtain Information from Judgment Debtor – £450 + vat
Please note that, in addition to our fees, there will be fees payable to the Court for issuing proceedings or applying for enforcement if matters go that far. The fees depend on the value of the claim you are making and can range from £25 to £450 for an online claim or several thousand pounds for high value claims issued in the Court. The majority of the disbursements will be court fees.
There may be other disbursements and fees to third parties for example, search fees, process server fees, agent’s fees to attend court that will need to be taken into account.
If the matter becomes defended at any stage, the case is adjourned or there are negotiations then you will be charged at the hourly rate for the most appropriate legal advisor. It is obviously difficult to give an indication of our fees for these eventualities.
Your matter will be dealt with by any one of our team of solicitors including Paul Rooke, Lee Hills, and Marika Monaghan whose normal hourly rates are £250, £290 and £290 respectively plus VAT.
If you would like to discuss your particular needs then please call our debt recovery team on 0800 84 94 101 (it’s free) or complete our enquiry form.
Before instructing us
It is important that before instructing us you take the following points into account:
- You should already have requested payment from the Debtor before instructing us.
- We cannot guarantee payment of your debt even if Judgment is obtained in your favour.
- We will always consider whether interest can be claimed and add to this to your claim.
- The above information should not be taken as legal advice and should only be used for guidance.
Why choose Mayo Wynne Baxter's legal services
Our solicitors tailor our approach to each case, utilising our expert knowledge to achieve the best possible outcome for you. Our services cover a wide range of legal areas, including property, lending, and commercial matters.
- Personalised legal strategies
- Efficient dispute resolution process
- Focussed on client satisfaction, aiming to resolve disputes efficiently and effectively
Debt Recovery FAQs
You can find out more information about our pricing on our dedicated pricing page or alternatively get in contact with us and we discuss your requirements.
Our other debt recovery services
What to expect when you contact us
- Once you have completed the contact form or called us, our client service team will call you back, to ask a few questions including your preferred method of contact. This information is then passed directly to the Legal Adviser who will be working for you. Once you are happy to proceed we will gather all the relevant information and your file will be opened almost immediately so we can start work.
- A member of the Client Service Team will keep in contact with you on a regular basis throughout your transaction, to make sure you and them are satisfied with the progress of your matter. There is no additional charge to you for their involvement.
- We are here to assist you and ensure everything proceeds as smoothly as possible. You will have direct contact details for the client service team, who you can contact at any point during your matter.
Our aim is to make the process as easy and uncomplicated as possible for you.