Debts can arise in all walks of life, and we regularly advise and assist businesses and individuals alike. The bulk of our debt recovery instructions come from businesses across various sectors. With many years of experience and strong expertise in litigation both in and out of court, our debt recovery service is fast, efficient, and economical.

 

Key Stages

With every transaction there are key milestones, which may vary according to individual circumstances. Our fee will include these milestones and may be as follows:

  • Taking your instructions and reviewing documentation
  • Undertaking appropriate searches
  • Issuing a letter before action requesting payment from the debtor
  • Receiving payment and sending this on to you
  • Drafting and issuing a claim form to the relevant court if the debt is not paid
  • Applying to the court to enter a Judgment in Default if the debtor fails to respond to court proceedings
  • Contacting the other side to request payment where a Judgment in Default has been issued by the court

Timescales

A typical debt recovery will take between 6-8 weeks, from instruction through to payment from the other side. This may be quicker or longer depending on whether we are required to issue a claim and whether the other side pay promptly on receipt of any Judgment issued by a court. As detailed above, if enforcement action is required, we will discuss the fees and timescales involved.

Qualification and experience of our staff

Our team has years of experience dealing with all aspects of debt recovery and will guide you through the process, from sending initial letters of demand to debtors, to obtaining a Court Judgment and enforcement, if necessary. Debt recovery is dealt with within our Commercial Disputes team, which is led by Alison Leith. The team consists of partners, solicitors and paralegals, with experience ranging from 1 to over 30 years.

Please see the link for full details of the fee earners that handle debt recovery matters, including qualifications and experience. 

Pricing

We appreciate that the fees involved in debt recovery are important to you. We review our fees on a regular basis, considering client’s feedback, to ensure we continue to offer a cost-effective debt recovery service.

At Tilly Bailey & Irvine, we believe in setting out exactly what we will do from the beginning and will keep you regularly informed. We can help you minimise the cost and disruption of chasing a debt, by providing immediate help for clients on a fixed fee basis*.

Intitial Fees

For taking initial instructions, considering documentation, and preparing the letter before action, our fees are:

Debt Recovery - Initial Fees

Item

Up to £5,000

Amount

£150

VAT (20%)

£30

Subtotal

£180

Item

£5,001 – £10,000

Amount

£200

VAT (20%)

£40

Subtotal

£240

Item

£10,001 - £50,000

Amount

£400

VAT (20%)

£80

Subtotal

£480

Item

£50,001 - £100,000

Amount

£500

VAT (20%)

£100

Subtotal

£600

Issuing Proceedings

We will draft proceedings on your behalf to commence a claim for recovery of the debt, subject to no dispute having been raised following pre-action correspondence.

Debt Recovery - Issuing Proceedings

Item

Up to £5,000

Amount

£300

VAT (20%)

£60

Subtotal

£360

Item

£5,001 – £10,000

Amount

£400

VAT (20%)

£80

Subtotal

£480

Item

£10,001 - £50,000

Amount

£950

VAT (20%)

£190

Subtotal

£1,140

Item

£50,001 - £100,000

Amount

£1500

VAT (20%)

£300

Subtotal

£1800

Debt Recovery - Issuing Proceedings, Fee to apply for default judgement

Item

Up to £5,000

Amount

£50

VAT (20%)

£10

Subtotal

£60

Item

£5,001 – £10,000

Amount

£100

VAT (20%)

£20

Subtotal

£120

Item

£10,001 - £50,000

Amount

£150

VAT (20%)

£30

Subtotal

£180

Item

£50,001 - £100,000

Amount

£200

VAT (20%)

£40

Subtotal

£240

Enforcement

Unfortunately, obtaining a Judgment does not always guarantee that a debtor will pay the debt due. In such circumstances, we will draft the application and send the papers to the court. We will charge:

Debt Recovery - Enforcement

Item

Up to £5,000

Amount

£200

VAT (20%)

£40

Subtotal

£240

Item

£5,001 – £10,000

Amount

£250

VAT (20%)

£50

Subtotal

£300

Item

Exceeds £10,000

Amount

£300

VAT (20%)

£60

Subtotal

£360

We will assess each case on its own merits and provide specific advice as to the most appropriate enforcement method, given the individual circumstances. 

Insolvency

If the outstanding debt is for £5,000 or more, we can advise as to whether it is possible to serve a Statutory Demand on the debtor and the merits of issuing a Bankruptcy Petition where the debtor is an individual. If the debtor is a company and the debt exceeds £750, we can advise you whether a Winding Up Petition is appropriate. We can draft the following on a fixed fee basis: 

Debt Recovery - Insolvency

Item

Statutory Demand

Amount

£300

VAT (20%)

£60

Subtotal

£360

Item

Bankruptcy Petition

Amount

£600

VAT (20%)

£120

Subtotal

£720

Item

Winding Up Petition

Amount

£700

VAT (20%)

£140

Subtotal

£740

The above does not include attending hearings or dealing with disputed petitions. 

The above fees to not include Court fees and other disbursements.

Exclusions

Our fees include items detailed above, however there may be factors which would typically increase the cost of the fees. Where there is likely to be any additional cost, we will make sure you are informed of this at the earliest opportunity and a clear estimate of those extra costs will be provided.

*All of the above fixed fees are exclusive of disbursements (such as court fees) and VAT. Whether we can act on a fixed fee basis is also subject to the complexity of the matter, including whether a hearing is required, and the level of correspondence with you and any opponent. In some circumstances, we will be unable to act on a fixed fee basis. If this is the case, we shall inform you and discuss our fees with you.

Factors that may lead to an increase in cost include:

  • Enforcement proceedings
  • Instructing a Bailiff