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Our Services are tailored to individual clients through the use of the latest technology using our bespoke case management system. We understand our clients’ businesses and processes and manage collections in a way that fits our clients’ individual debt profiles.
Our reporting capabilities are endless and our leading members are able to provide supporting services such as bespoke training and secondment support.
The following applies to businesses with a potential debt recovery requirement of up to the value of £100,000.
The general timescale
Court Proceedings
- A Letter Before Claim will usually be issued at the outset, giving the debtor 7/14 days to make payment. If the debtor is a sole trader/consumer, they will be given 30 days to respond in line with the Pre-Action Protocol for Debt Claims.
- In the event that payment is not made and terms for settlement are not agreed, instructions will be sought to issue court proceedings. Debtors have 14 days to respond to the claim once served, or if an acknowledgement of service is filed, a total of 28 days to file details of their defence. Otherwise, we can seek judgment by default and enforce it.
- If the claim is defended and it is for under £10,000, it is likely to be allocated to the Small Claims Track and will probably be listed for final hearing within around 3 months.
- If a claim for more than £10,000 is defended, more complex court proceedings are likely to follow and it could be many months before the matter comes to trial.
- The timescale for enforcement will very much depend on the case itself, how the court deals with the case and the enforcement method that is chosen for the individual judgment.
Insolvency Proceedings
- Where there is no arguable defence to a claim it is sometimes appropriate to consider bankruptcy or winding-up proceedings. We will advise our clients if we think this is a more appropriate action than regular court proceedings.
- In the case of an individual, it is usually necessary to serve a statutory demand on the debtor after which he or she has 18 days to set aside the statutory demand or 21 days to pay the debt. If he or she fails to do so, we can then issue a bankruptcy petition which is usually heard within about 6-12 weeks.
- In the case of a company, we will serve a formal demand requiring payment of the debt within a time frame agreed with our client. If payment if not made within that time we will issue a winding-up petition which is usually heard within about 6-12 weeks.
Funding Options
Claims can be funded in different ways and funding options will be considered carefully with clients.
You may hold legal expenses insurance. Even if you do not have such insurance, you may be able to minimise your risk by obtaining further insurance against adverse costs orders which might be made in court proceedings. This is sometimes called “After The Event” or “ATE” legal expenses insurance.
We may require money on account from clients before undertaking work.
Our ordinary rates are:
| Status of lawyer | LA’s ordinary rate £ |
| Partner and over 8 years’ experience | £330.00 – £350.00 + VAT (£396 – £420 inclusive of VAT) |
| Associate and Solicitors and Legal Executives with over 4 years’ experience | £240.00 – £290.00 + VAT (£288 – £348 inclusive of VAT) |
| Solicitors/CILEX | £180.00 – £200.00 + VAT (£216 – £240 inclusive of VAT) |
| Team Leaders / Paralegal | £140.00 + VAT (£168 inclusive of VAT) |
| Trainee | £140.00 + VAT (£168 inclusive of VAT) |
Wherever possible, work is undertaken on agreed fixed fees and example costings for business-to-business debt collection are set out below.
Instruction Fee
Instruction charges may be dependent on the volume of referrals and work required. Where possible, the instruction charge will be fixed or calculated on a % basis and the fee will be agreed at the outset.
Litigation Fees
Litigation charges can also be dependent on the volume of referrals received. Where possible, a fixed charge will be agreed. We always engage with our clients to find the fee structure that works for them, whether that be a fixed fee arrangement or a time-based approach.
Court Fees on issue of Claim Form
(Recoverable if successful)
| SUM CLAIMED NO MORE THAN | COURT FEES ON ISSUE OF CLAIM |
| Up to £300.00 | £35.00 |
| £300.00 not over £500.00 | £50.00 |
| £500.00 not over £1,000.00 | £70.00 |
| £1,000.00 not over £1,500.00 | £80.00 |
| £1,500.00 not over £3,000.00 | £115.00 |
| £3,000.00 not over £5,000.00 | £205.00 |
| £5,000.00 not over £10,000.00 | £455.00 |
| £10,000.00-£200,000.00 | 5% of the value of the claim |
| Over £200,000.00 | £10,000.00 |
Solicitors Fixed Costs on the Claim Form
(Recoverable if successful)
| SUM CLAIMED | COSTS |
| £25.00 – £500.00 | £50.00 (£60 inclusive of VAT) |
| £501.00 – £1,000.00 | £70.00 (£84 inclusive of VAT) |
| £1,001.00 – £5,000.00 | £80.00 (£96 inclusive of VAT) |
| £5,001.00 Plus | £100.00 (£120 inclusive of VAT) |
*** All Solicitors’ Fixed Costs on the Claim Form are subject to VAT ***
Solicitors Fixed Costs on Judgment
(Recoverable if successful)
| Sum from £25.00 to £5,000.00 | Sum exceeding £5,000.00 | |
| Judgment entered in default action in default of Acknowledgement of Service | £22.00 (£26.40 incl VAT) | £30.00 (£36 incl VAT) |
| Judgement entered on defendant’s admission and claimant’s acceptance as to mode of payment | £40.00 (£48 incl VAT) | £55.00 (£66 incl VAT) |
| Judgment entered following admission and proposals rejected | £55.00 (£66 incl VAT) | £70.00 (£84 incl VAT) |
| Judgment in default of Defence | £25.00 (£30 incl VAT) | £35.00 (£42 incl VAT) |
*** All Solicitors’ Fixed Costs on Judgment are subject to VAT ***
Enforcement Fees
(Recoverable from debtor unless otherwise stated)
| Item | Costs |
| Charge per case enforcement | From £250.00 + VAT (£300 incl VAT) (not recoverable) |
| Court Disbursement – Order to Attend Court for Questioning fee | £65.00 |
| Agents Service fee (where required) | £95.00 + VAT (£114 incl VAT) |
| Court Disbursement – Attachment of Earnings Application fee | £131.00 |
| Court Disbursement – Warrant of Control fee | £91.00 (recoverable) Court disbursement + £2.25 + VAT fixed costs (£2.70 incl VAT) (recoverable) |
| High Court Writ (HCEO) | £78.00 Court Disbursement + £51.75 + VAT fixed costs (£65.70 incl VAT) (recoverable). Plus HCEO fee for abortive visit if negative return £75.00 + VAT (£90 incl VAT (not recoverable) |
Other enforcement – Charging Order
| Item | Costs |
| Court Disbursement – Charging Order fee | £131.00 |
| Fees for requesting office copies | £20.00 + VAT (inc fee £3.00) (£24 incl VAT) |
| LR Notice/Restriction fee | £20.00 + VAT (£24 incl VAT) |
| Advocate attendance fee (where required) | £160.00 + VAT (£192 incl VAT) |
| Our charges | From £350.00 + VAT (£420 incl VAT) (of which £110.00 recoverable) |
Bankruptcy
| Item | Costs |
| Bankruptcy Search fee | £2.00 + VAT (£2.40 incl VAT) |
| Our charges for preparing Statutory Demand | From £250.00 + VAT (£300 incl VAT) |
| Service of Statutory Demand | £95.00 + VAT (minimum) (£114 incl VAT) |
| Our charges for preparation of Petition (up to first hearing) | From £1,000.00 + VAT (£1,200 incl VAT) |
| Court fee | £332.00 |
| Official Receiver’s Deposit | £1,500.00 |
| Service fee | £95.00 + VAT (£114 incl VAT) (minimum) |
| Hearing attendance | £120.00 + VAT (£144 incl VAT) (minimum) |
| Ad hoc / disputed insolvency matters | Hourly rates + VAT |
Winding Up
| Item | Costs |
| Our charges for preparation of petition (up to first hearing) | From £1,000.00 + VAT (£1,200 incl VAT) |
| Court fee | £332.00 |
| Official Receiver’s Deposit | £2,600.00 (£50.00 non-refundable) |
| Service fee | £95.00 + VAT (£114 incl VAT) (minimum) |
| Gazette fee | £119.15 |
| Hearing attendance | £100.00 + VAT (£120 incl VAT) (minimum) |
| Ad hoc/disputed insolvency matters | Hourly rates + VAT |
Defended
| Item | Costs |
| Small Claims | From £650.00 + VAT (£780 incl VAT) |
| Fast Track/Intermediate Track/Multi Track/Counterclaims | Hourly rates + VAT |
| Application to Set Aside Judgment | From £500.00 + VAT (£600 incl VAT) |
| Agents Fees/Other Court Disbursements | As advised |
*** The current applicable rate of VAT is 20% ***
The Team
Please find below the key contacts within the team:
Ann Lloyd – Ann is a Partner who heads up the Litigation and Recoveries Team, having qualified as a solicitor in 2004. In 2016, Ann was named in the Credit 100 most influential people in the industry.
Danielle Montezuma – Danielle is a Partner, who trained with the firm and qualified as a solicitor in 2009, specialising in asset finance litigation, secured recoveries for lenders and receivers and insolvency litigation.
Edward Foster – Eddie is a Partner, specialising in asset finance litigation, secured recoveries, commercial disputes and insolvency litigation.
Tim Brodie – Tim is an Associate Solicitor, having qualified in 1999.
Jessica Marshall – Jess is a Business Operations Manager and Senior Paralegal and has worked in the industry for over 10 years, acting for a range of lenders and debt purchasers.
Anji Sardeson – Anji is a Team Leader who manages our large Motor Finance team and has vast experience in the realm of debt recovery, specialising in Return of Goods work, debt collection, title disputes and wrongful interference claims.
