standard undisputed debt recovery process.
An ‘undisputed debt’ is where someone owes you money and has not denied that they do so or how much money they owe you.
Recovering an undisputed debt is the simplest form of debt recovery from a legal perspective, but can feel challenging and stressful if you haven’t done it before. We can support you through the process.
The standard Undisputed Debt Recovery Process has four stages:
- Pre-Action
- Issuing Court Proceedings
- Applying for Judgment
- Enforcement of Judgments
We charge separate fees for each stage of the process. These fees include progress reports, updates, and advice on alternative enforcement options.
There are a number of extra costs associated with this process, and we have included them at the end of this section. Please review these to ensure you understand the full cost associated with your claim.
Please note our charges exclude VAT (currently 20%).
stage 1 – pre-action
Stage 1, or Pre-Action, is where – once we’ve received your instructions – we draft a Letter Before Action (LBA) and send it to your Debtor by post, together with supporting documentation.
Please note that you cannot recover Pre-Action fees from the Debtor unless this is already stated within your Terms of Business and/or any pre-existing agreements.
Our charges (excluding VAT) | |
---|---|
Standard letter before action UK (post or email) | |
Up to £5,000.00 | £50 – £250 |
£5,001.00 – £10,000.00 | £250 – £500 |
Above £10,000.00 | *Hourly rate |
Letters to additional addresses / email addresses | £30 |
Follow-up letters / correspondence (post or email) | £50 |
Engaging with Debtor / Settlement negotiations | *Hourly rate |
Bespoke Letters | *Hourly rate |
how long does the Pre-Action stage take?
Our Standard Letter Before Action normally requests payment within 14 to 30 days.
When composing these letters, we aim to do so within 48 hours, so long as you have given us all relevant information and have completed our onboarding documents.
In the case of fully compliant Pre-Action protocol letters, debtors are typically given at least 14 days to respond. This is extended to 90 days in complex cases. Again, we aim for a 48-hour turnaround depending on the nature and complexity of the matter, and the volume of accompanying documents. We cost these letters using our hourly rate and will give you an estimate before starting work.
stage 2 – issuing court proceedings (court claims)
Once we’ve received your instructions, we will prepare your County Court Claim on MCOL (Money Claim Online). We then send and submit documents to MCOL on your behalf, receiving the Notice of Issue and keeping you updated.
We will add a proportion of the fees to the underlying debt on your behalf, as you may be able to recover these from the debtor.
We will add interest to the initial debt in line with Section 69 of the County Court Act 1984 at the rate of 8% per annum. Alternatively, we will use the interest rate as included in the Terms of Business and/or any pre-existing agreements.
Value of debt | Court Fee | Our Fee | Total Costs | Recoverable from debtor |
---|---|---|---|---|
Up to £300 | £35.00 | £100.00 | £135.00 | £85.00 |
£301 – 500 | £50.00 | £120.00 | £170.00 | £100.00 |
£501 -1,000 | £70.00 | £150.00 | £220.00 | £140 |
£1, 001- 1,500 | £80.00 | £180.00 | £260.00 | £160 |
£1,501 – 3,000 | £115.00 | £200.00 | £315.00 | £195 |
£3,001 – 5,000 | £205.00 | £225.00 | £430.00 | £285 |
£5,001 – 10,000 | £455.00 | £250.00 | £705.00 | £555 |
£10,001 – 25,000 | 5% of the value of the claim | £300.00 | Court fee plus our fee | £100.00 plus Court fee |
£25,001 – 50,000 | 5% of the value of the claim | £350.00 | Court fee plus our fee | £100.00 plus Court fee |
£50,001 – 75,000 | 5% of the value of the claim | £450.00 | Court fee plus our fee | £100.00 plus Court fee |
£75,001 – 100,000 | 5% of the value of the claim | £600.00 | Court fee plus our fee | £100.00 plus Court fee |
Bespoke POC | Hourly rate – estimate to be provided |
These fees are based on issuing a simple claim through the County Court Business Centre. If the claim is more complex and we need to complete a lot of paperwork, the court issue fee will be higher, in line with the current court charges. We will charge our hourly rate to create details that are particular to your case.
For complex cases or those that require lots of documents, you’ll normally get better results if we prepare a bespoke set of details for your claim. We would charge in line with our hourly rate – we will give you a fee estimate before starting work.
stage 3 – applying for judgment
If the Debtor does not reply to court proceedings, we will prepare a Request for Default Judgment and submit this to MCOL. We charge our hourly rate for all emails and/or calls to you, the Debtor, and the Court.
Debt Amount | Our Fee | Recoverable from defendant |
---|---|---|
Up to £5,000 | £80.00 | £22.00 – £55.00 |
Over £5,000 | £120.00 | £30.00 – £70.00 |
stage 4 – enforcement of judgments
Once the judgment has been passed, we can ensure your debt is paid. The costs for doing this are as follows:
Court Fee / Disbursement | Our Fee | |
---|---|---|
Issuing warrant of execution to Bailiff | £110.00 | £100.00 |
Writ of Control – High Court Enforcement Officers | £78.00 | £100.00 |
Charging Order on property to be dealt with on paper | Variable | £350.00 |
Prep for Charging Order hearing if objection filed | Agent’s fee for attendance | £300.00 |
Third-party Debt order to first hearing | Variable | £250.00 |
Order to obtain information through Court | Variable | £200.00 |
Attachment of Earnings | £131.00 | £150.00 |
Removal of Charging Order | Variable | £150.00 |
Please note the following additional costs:
- ID checks (£20 – £50 plus VAT for each search)
- Address / Entity verifications (£20 – £50 plus VAT for each search)
- Handling disputed debts (*hourly rate)
- Telephone calls/emails to/from Debtors / clients (*hourly rate)
- Setting up/monitoring instalment plans (*hourly rate)
- Settlement negotiations (*hourly rate)
- Bespoke Particulars of Claim (*hourly rate)
Other Fees | ||
---|---|---|
Agent’s Fee | Our Fee | |
Tracing Agent | No trace no fee | £100.00 |
Consent / Tomlin order | From £150.00 | |
Notice of discontinuance/ withdrawal | £75.00 | |
Certificate of Service | £30.00 per certificate | |
Obtaining HM Land Registry Office Copy Entries | £7.00 per search | £20.00 per search |
Making an application | £119.00 – £303.00 | From £300.00 |
Registered office search | £20.00 per search | |
Correspondence | Hourly rate | |
Letters chasing costs and interest | From £30.00 | |
Telephone attendances | From £30.00 – hourly rate | |
Debtor payment processing | From £15.00 per payment |
defended small claims (up to £10,000).
This service is for debts of up to £10,000 where the Debtor believes they shouldn’t have to pay the money owed. This can lead to a hearing in a small claims court, where a judge listens to both sides before creating a judgment.
We can support you through this process, and our fees are detailed below.
There are a number of additional costs, which are detailed at the end of this section. Please review these to ensure you understand the full cost associated with your claim.
Please note our charges exclude VAT (currently 20%)
Defended Small Claims | ||
---|---|---|
Disbursement | Our Fee | |
Reviewing Defence | £200.00 | |
Advice on Defence and next steps | From £300.00 | |
Reply to Defence | £300.00 | |
Defence to Counterclaim | Hourly rate | |
Preparing and filing Directions Questionnaire | £200.00 | |
Handling Standard Defended Small Claims (no counterclaim) including preparing Witness Statement and instructing Agents where debt value is up to £5,000.00 | Agent’s fee for hearing | £600.00 |
Handling Standard Defended Small Claims (no counterclaim) including preparing Witness Statement and instructing Agents where debt value is up to £7,500.00 | Agent’s fee for hearing | £1,200.00 |
Handling Standard Defended Small Claims (no counterclaim) including preparing Witness Statement and instructing Agents where debt value is up to £10,000.00 | Agent’s fee for hearing | £1,500.00 |
Court hearing fee | £27.00 – £346.00 | |
Preparing a Summary Judgment Application | Variable | *Hourly rate |
Drafting Standard Consent / Tomlin Order | £108.00 | From £150.00 |
Adjourned Hearings | Agent’s fee for hearing | £150.00 |
Please note the following additional costs:
- ID checks (£20 – £50 plus VAT for each search)
- Address / Entity verifications (£20 – £50 plus VAT for each search)
- Handling disputed debts (*hourly rate)
- Telephone calls/emails to/from Debtors / clients (*hourly rate)
- Setting up/Monitoring instalment plans (*hourly rate)
- Settlement negotiations (*hourly rate)
- Bespoke Particulars of Claim (which are quoted for upon request and dependent on the facts of the claim) (*hourly rate)
disputed debts – fast, intermediate, and multi-track.
This service is for debts over £10,000 where the person who owes you money believes they should not have to pay. You may need to take legal action to recover this debt. This can include presenting your case to a judge, who will decide if the debt is valid and how much the debtor should pay.
We charge in line with our hourly rate and provide an estimate before starting work. We have a range of professionals within our client litigation team, and their hourly rates vary depending on their level and/or expertise. You will receive details of the person(s) dealing with your case, and a cost estimate before we start work.
There are a number of additional costs, which are detailed at the end of this section. Please review these to ensure you understand the full cost associated with your claim.
All charges quoted are exclusive of VAT (currently 20%).
Title / Job Role / Experience | |
---|---|
Partners, Solicitors, Lawyers or Chartered Legal Executive with over 8 years’ experience | |
Grade A | £300.00 – £400.00 per hour |
Solicitors, Lawyers or Chartered Legal Executive with over 4 years’ experience | |
Grade B | £280.00 – £300.00 per hour |
Other Solicitors, Lawyers, Legal Executives or Fee Earners with relevant experience | |
Grade C | £220.00 – £280.00 per hour |
Trainee Solicitors, Paralegals and Clerks | |
Grade D | £140.00 – £220.00 per hour |
***All fees quoted are excluding VAT (currently 20%)
***All fees / prices quoted are estimates only
***All disbursements / Court fees quoted are estimates only
how long does it take to resolve a disputed debt?
The timescales to deal with any dispute are difficult to predict and depend on several factors, including the nature and complexity of the dispute. We often need to rely on third parties such as agents and the courts. This means we cannot control or predict accurate timescales.
Where possible, we will give you an estimate and timescale based on our experience and will give you regular updates.
In our experience, uncomplicated matters can take approximately six months. More complex cases that require court proceedings can take as long as 24 months because the civil court system is so short of resources. For example, the typical time for the courts to process any correspondence is 16 weeks. Applications are often cancelled at the last minute due to a lack of Judges. The emphasis is for litigation to be a last resort, and to instead try to resolve disputes by alternative dispute resolution/mediation.
New rules limit the amount of costs that a successful party can recover. This means that instead of recovering all your legal costs, we can recover only a small proportion.
Please note the following additional costs:
- ID checks (£20 – £50 plus VAT for each search)
- Address / Entity verifications (£20 – £50 plus VAT for each search)
insolvency/bankruptcy.
If someone who owes you money is declared bankrupt or insolvent, you may worry that you won’t be able to recover that debt. Our team can work on your behalf to ensure you receive a portion of any available funds resulting from liquidation, asset sales or an IVA.
We charge in line with our hourly rate and provide an estimate before starting work.
There are a number of additional costs, which are detailed at the end of this section. Please review these to ensure you understand the full cost associated with your claim.
All charges quoted are exclusive of VAT (currently 20%).
Issue and Service of Statutory Demands | ||
---|---|---|
Disbursement £ | Our Charges £ | |
Preparing and Serving Statutory Demand | Agent’s fee for service | £350.00 |
Dealing with an application to set aside Statutory Demand | Agent’s fee for hearing | Hourly rate |
Adjourned hearings | Agent’s fee for hearing | From £150.00 – hourly rates |
Winding Up proceedings against companies (we will endeavour to recover all of these costs from the debtor upon settlement) | ||
---|---|---|
Disbursement £ | Our Charges £ | |
Preparation of Winding Up Petition and filing at Court | £1,902.00 | From £600.00 |
Instructing Agents to serve Petition and filing Certificate of Service at Court | Agent’s fee for service | £100.00 |
Advertising Petition and filing Certificate of Compliance | London Gazette fee | £100.00 |
Instructing Agents for hearing | Agent’s fee for hearing | £150.00 |
Correspondence with debtor re settlement and dispute | Hourly rate | |
Application to withdraw Petition | Variable | £150.00 |
Adjourned hearings | Agent’s fee for hearing | £150.00 |
Advertising Dismissal of Petition | London Gazette fee | £100.00 |
Resisting Injunction Applications with the insolvency process | Variable | Hourly rate |
Filing Notice to Support existing Petitions | £200.00 |
Bankruptcy proceedings against individuals (we will endeavour to recover all of these costs from the debtor upon settlement) | ||
---|---|---|
Disbursement £ | Our Charges £ | |
Preparation of Bankruptcy Petition and filing at Court | £1,315.00 | £600.00 |
Instructing Agents to serve Petition and filing Certificate of Service at Court | Agent’s fee for service | £100.00 |
Instructing Agents for hearing | Agent’s fee for hearing | £150.00 |
Correspondence with debtor re settlement | Hourly rate | |
Adjourned hearings | Agent’s fee for hearing | £150.00 |
Applications for substituted service | £100.00 plus Agent’s fee | From £300.00 |
Please note the following additional costs:
- ID checks (£20 – £50 plus VAT for each search)
- Address / Entity verifications (£20 – £50 plus VAT for each search)
- Handling disputed debts (*hourly rate)
- Telephone calls/emails to/from Debtors / clients (*hourly rate)
- Setting up/Monitoring instalment plans (*hourly rate)
- Settlement negotiations (*hourly rate)