A fast, efficient and cost effective debt recovery service.
Meet Debt Recovery Manager, Ailsa Fairchild:
We have offices in Ashford, Canterbury and Herne Bay. Our comprehensive and cost effective business debt recovery service includes dealing with:
- Unpaid commercial invoices
- Unpaid debts
- Tenant arrears
- Former/missing tenant arrears
- Tracing and Status Reports
- High Court enforcement referrals
- Attachment of Earnings Orders
- Insolvency
- Charging Orders
- Employment Status Reports
- Other forms of debt recovery
Debt Recovery
For taking your instructions and sending a Letter of Claim (and Reply Form where appropriate) we charge £9.50 plus VAT. Our clients range from larger companies with credit managers who need a debt recovery service, to individuals and smaller businesses that just do not have the time or sometimes knowledge to chase unpaid bills, whether through the Courts or not.
Our fully computerised but personal service offers a speedy and cost effective means of recovering debts at all levels.
Step 1: Provide us with a copy of your outstanding invoice(s) or statement of account with full contact details of the debtor, details of the debt owed and how it arose. We send a Letter of Claim (and, if appropriate, a Reply Form) requesting payment within either 7 or (in the case of individual/sole trader debtors) 30 days, warning of Court proceedings in the event of non-payment. Often this alone will result in payment.
Step 2: If, at the end of the stipulated period, payment has not been made or a suitable repayment plan has not been agreed, we will advise you of the options available to you and their associated costs. It should be noted that the majority of costs are recoverable from the debtor.
Step 3: If Court proceedings are commenced we will apply for judgment as appropriate and advise you regarding suitable enforcement steps. If a Defence is submitted we will advise you of its merits and the most cost effective way to proceed. You will be consulted at each stage.
For taking your instructions and sending a Letter of Claim (and Reply Form where appropriate) we charge £9.50 plus VAT.
Debt Recovery Protocol
From 1 October 2017 the Debt Recovery Protocol applies to any business claiming payment of a debt from an individual/sole trader. The Protocol provides that certain information must be given to the debtor in the Letter of Demand and invites the debtor to complete a Reply Form and Financial Statement (see Annexes 1 & 2) within 30 days . If no Reply is received from the debtor within 30 days, Court proceedings can be commenced. If the debtor responds within 30 days asking for further information, Court proceedings cannot be commenced until 30 days after the information has been provided.
The Protocol does not apply to business to business debts.
The Protocol is to encourage the parties to make every effort to resolve the claim without the need for Court proceedings.
Court Proceedings
You have no obligation to issue Court proceedings. If proceedings are taken and defended, we will guide you through the legal process.
You are best placed to decide whether or not the debtor is able to pay or simply unwilling and we encourage you to inform us of your thoughts from the outset. Where a genuine dispute is foreseen or emerges, or you instruct us to enter into correspondence with the debtor, we will handle the case and fees will be charged on a time basis.
Our Fees
Please find below details of our fees for Debt Recovery and related timescales.
DEBT RECOVERY - Fees & timescales
1.0 Fees
All fees set out below are exclusive of VAT
STEP 1 - Initial Instructions and Letter before Action
To receiving your instructions, reviewing papers and sending a letter before action (also by email if appropriate); attempting to make contact with the debtor and reporting to you; to include advising upon any offers to pay. Our fee: £9.50
STEP 2 - Issue and service of County Court proceedings
To include reviewing with you any dispute to payment and discussing further appropriate action; drafting county court Claim Form and Particulars of Claim for you to sign; arranging for issue and service; advising you of any defence & counterclaim or offers to pay; advising of timetable for judgment.
|
Debt Outstanding (inc interest) £ |
Court Fee |
Girlings fee (exc VAT) |
Total fixed costs recoverable from Debtor |
Your Net Contribution (exc VAT) |
|
Up to £300 |
£35 |
£65 |
£85 |
£15 |
|
£301 - £500 |
£50 |
£75 |
£100 |
£25 |
|
£501-£1000 |
£70 |
£95 |
£140 |
£25 |
|
£1001-£1500 |
£80 |
£95 |
£150 |
£25 |
|
£1501 -£3000 |
£115 |
£110 |
£225 |
£0 |
|
£3001-£5000 |
£205 |
£110 |
£315 |
£0 |
|
£5001-£10,000 |
£455 |
£175 |
£605 |
£25 |
|
£10,001-£200,000 |
5% of debt |
£200 |
5% of claim |
£200 |
|
£200,001+ |
£10,000 |
£250 |
£10,000 |
£250 |
STEP 3 - Enter judgment
To include entering judgment in default as per fixed costs £22/£30; liaising with you regarding possible enforcement options and advising accordingly. Our fee: £22/30
STEP 4 - Issuing Warrant of Execution to Bailiff/ High Court Enforcement Officers
|
Judgment Sum |
Court fee |
Girlings Fee |
|
£125+ |
£60/£100 |
£50 |
|
Reinstructing bailiff
|
|
|
|
|
Court fee |
Girlings fee |
|
|
£25 |
£15 |
|
Not inclusive of High Court Enforcement Officers costs
|
||
Alternative Methods of Enforcement:
Order to Attend Court for Questioning
To include preparing application and submitting to the court, arranging for personal service, instructing agents to attend where appropriate; reporting to you.
Our fee: £115 - Not inclusive of court fee; affidavit fees, process server’s charge, any agents charges for attendance at court and conduct money paid to debtor.
Charging Orders
To include: preparing necessary statements an application, arranging for service on debtor and any other interested parties, attending application or instructing agents as appropriate, serving copy of order on debtor, registering this at Land Registry and copying all correspondence as appropriate.
Our fee: £650 - Not inclusive of Court fee, affidavit fees, agents fees for attendance at court, Land Registry fee, cost of further application to obtain an order for sale.
Attachment of Earnings
To include: making application to appropriate court, preparing accompanying documentation, forwarding debtor’s response, copying any correspondence as necessary.
Our fee: £95 - Not inclusive of Court fee, affidavit fees, conduct money.
Insolvency Proceedings
Statutory Demand (individual or company after judgment entered)
To include drafting appropriate form, arranging for personal service, advising of completion of personal service and copying any correspondence where necessary.
Our fee: £250 - Not inclusive of process servers charges, costs of dealing with any application to set aside the demand.
Bankruptcy Proceedings/Winding Up Petition
A note of our fees will be provided upon request.
Please note: All fees quoted are exclusive of VAT at the prevailing rate. Correspondence and telephone calls which do not form part of our debt recovery service (ie. Instructing tracing agents) will be charged at the hourly rate of £145 plus VAT. Defended actions will be charged at the hourly rate of the fee earner dealing with the matter. This ranges from £145 to £260 plus VAT depending upon seniority and experience.
2.0 Timescales
- The letter before action is sent within 2 days of instruction
- After expiration of the letter before action, you will be contacted to discuss further steps
- Court proceedings will be drafted for approval within 2 days of confirmation of instructions from client
- Proceedings take 7-14 days to be issued and served by the court
- Judgment is 14 days after service unless defended
- Most debt recovery matters are concluded within 1-3 weeks of initial instruction without the need for court action.
Free Debt Recovery Quotation
Contact Ailsa Fairchild, our Debt Recovery Manager, who will be happy to discuss our service in more detail and provide an initial quotation. We look forward to hearing from you.
Download a copy of our Debt Recovery Charges here.