Commercial Debt Recovery

Sometimes in business, clients do not pay invoices on time.    After several emails and telephone calls you have still not been paid!    You can end up thinking what can I do next to get my money? 

Unpaid invoices can have a major impact on your business and your cash flow. At Biscoes we know being owed money causes you unnecessary anxiety and stress, so we have set up our Commercial Debt Recovery service to help you recover debts from as little as £300. We offer a straightforward cost-effective fixed fee process.

Below you will find what our Commercial Debt Recovery Team can assist you with. To download a printable version of this information please click here:

For more information or to get started, please contact Naomi of our Commercial Debt Recovery Team on 02392 660261 or email info@biscoes-law.co.uk.

 

  • Our expert lawyers will provide you with thorough and efficient legal advice tailored specifically to you and your business’ requirements providing an incomparable level of service.

    We pride ourselves in our personal approach to all our clients where you will speak to a human to help you with any concerns or queries that you may have. You will be provided with a detailed explanation of the legal process from pre-action to litigation and alternative dispute resolution at each step of the process without the complicated legal jargon so that you are fully aware of your legal position

  • Before any legal proceedings take place, you will need to write a Letter Before Action to your debt who will then have a timeframe to respond. If the debtor is an individual or sole trader, they will have 30 days to reply and, if they are a business, they will have 14 days to reply.

    We charge a fixed fee to draft and send the Letter Before Action to your debtor which will include taking initial instructions, reviewing documentation and providing you with legal advice regarding the outstanding debt.

    We will also discuss with you alternative methods of settlement usually named Alternative Dispute Resolution. This can be anything from making contact with the debtor ourselves or arranging mediation.

  • If payment is not received within the timeframe to reply to the Letter Before Action. The next stage would be to issue court proceedings to obtain a judgment against the debtor. We will draft the court papers, file them with the court and follow the process up to the application for judgment.

    Unfortunately, it is not possible to recover your solicitor fees from the debtor, but there are provisions within the procedural rules that will enable you to recoup some compensation back to cover these fees.

    With this in mind we offer a fixed fee for this service relative to the total value of your claim so that you are fully aware of any legal fees you will need to invest to get your money back. Our pricing table is available below or here.

    For more information please contact us on 0239266261 for debt advice personalised to you and your business.

  • Once you have your Judgment, the goal of course is to get paid. There are various ways in which to enforce a Judgment and our expert lawyers will discuss the options with you dependant on your situation and status of the debtor. We have provided a list of various enforcement options and pricing together our costs in the pricing tab below.

    If you wish to discuss the various options of enforcement that is best for you then please contact us on 02392 660261.

  • Pre Action disputed Claims
    Sometimes a debtor will respond to a Letter Before Action disputing the claim you are seeking to make. You will undoubtedly need to enter into correspondence and/or negotiation in order to settle the dispute before court action is required. If this occurs, we will be happy to provide you with advice and offer Alternative Dispute Resolution options which will be charged on an hourly rate basis.

    Post Action Disputed Claims
    Once your claim is issued at the court, a debtor will have the opportunity to file a Defence and/or a counterclaim and if they do this, the claim will become “disputed”. We will discuss the prospects of your case moving forward based on the contents of the Defence and complete any tasks in line with the procedural requirements set by the court up the final hearing. Our fees for disputed claims will be charged at an hourly rate relevant to the appropriate lawyer required and, you will be provided with an estimate of the anticipated fees for completion of the work dependent on complexities of the case.

  • Each case is different, so it is not possible to state for how long it will take to obtain, however from issue to Judgment takes approximately 4 to 8 weeks.

  • Letter Before Action          £50 + 20% VAT
    What’s included:
    * Obtaining instructions
    * Reviewing documents
    * Providing legal advice and discussing the legal process
    * Drafting and sending the Letter Before Action to the Debtor

    Court Proceedings
    What’s included:
    * Obtaining instructions
    * Drafting Claim Form and Particulars of Claim
    * Sending the court papers to Court for processing
    * Monitoring claim up to the application for judgment

    Level of Debt Our Fixed Fees excl. 20% VATCourt Fees**Fees that can be recovered
    Up to £300£60.00£35.00£50.00
    More than £301 up to £500£60.00£50.00£50.00
    More than £501 up to £1,000£65.00£70.00£70.00
    More than £1,001 up to £1,500£70.00£80.00£80.00
    More than £1,501 up to £3,000£100.00£115.00£80.00
    More than £3,001 up to £5,000£150.00£205.00£80.00
    More than £5,001 up to £10,000£200.00£455.00£100.00
    More than £10,001 up to £100,000£350.005% of the value of the claim£100.00
    From £100,001For claim values over £100,001 please contact the team on 02392 660261

    Judgment Costs          £30 plus 20% VAT
    Completing and sending application to the Court for a judgment.

    Enforcement Costs

    Enforcement & What’s included in our feesExtras to considerOur Fixed Fees excl. 20% VATCourt Fees**
    High Court Enforcement (HCE)
    • Sending Instructions to HCE to obtain a Writ of Control.
    • Monitoring progress and providing updates. 
    Writ of Control will be required.£40.00£71.00
    Warrant of control
    • Drafting and filing the application to issue a warrant of control. 
     £40.00£83.00
    Application for an order for a debtor attend court to provide information
    • Drafting and filing the application with the court.
    • Arranging for Process Server to serve Order.
    • Providing advice and assistance during process.
     £100.00£59.00
    Application for an attachment of earnings order
    • Drafting and filing application to the Court.
    • Guidance throughout the process to include regular updates and advice. 
     £100.00£119.00 per debtor
    Statutory Demand
    • Completion of the Statutory Demand
    • Arranging for personal service of the document to include instructing a Process Server.
    • Advice and guidance throughout the process.
     £150.00N/A
    Application for a Charging Order
    • Completing and sending application to the court
    • Obtaining Office Copies from the Land Registry
    • Drafting statements
    • To complete tasks required by the Court to obtain a Final Charging Order in an undisputed case.
    • Application to the Land Registry for a restriction on the land or property of the debtor in your favour.
    • Providing guidance and assistance throughout the process.
     £300.00£119.00
    Application for a third-party debt order
    • Drafting and filing application to the court for a third-party debt order.
    • Instructing Process Server to serve official documentation on the debtor.
     £600.00£119.00 per party


    Additional costs to consider in enforcement

    Additional RequirementsExtra Fee excl 20% VATOur Fixed Fees excl. 20% VAT
    High Court Enforcement Agents will charge a fixed fee if they are unsuccessful in enforcement.Agent’s fees from £90.00 
    Once you have applied to the County Court for a Charging Order, you will need to register this Order at the Land Registry.£40.00 per application (no VAT required) 
    Instructions to an agent to personally serve an Order or Summons (for example an Order for Information must be personally served on the debtor).Agent’s fees from £100.00 to £210.00£40.00
    Instructions for an agent to investigate debtor.Agent’s fees £200.00 to £1500.00£40.00


    Disputed Debt Claims

    In cases where a claim becomes disputed, the requirements can be less than straightforward or complex. On this basis, we will act for you on an hourly rate basis, charges of which will be dependant to the lawyer assisting you.

    Debt Recovery LawyersHourly Rate
    Naomi Taylor is a Legal Advisor (Paralegal) with over 7 years litigation experience.£118.00 per hour + 20% VAT
    Supervising Naomi Taylor is Kevin Richardson, who is an Associate Chartered Legal Executive and the Deputy Head of the Dispute Resolution and Litigation department, working in the legal profession since 1988.£275.00 per hour + 20% VAT


    Extra expenses to consider in post action disputed claims:

    Hearing Fees
    The Court charge a fee to the Claimant to pay for a final hearing (if it gets that far) dependent on the value of the claim and which track the claim is allocated to.

    Court Hearing Fee:Amount
    Small Claims Track: 
    up to £300£27
    between £300.01 and £500£59
    between £500.01 and £1,000£85
    between £1,000.01 and £1,500£123
    between £1,500.01 and £3,000£181
    more than £3,000£346
    Fast track claim£545
    Multi track claim£1,175

     

 

For further information or to speak to one of our experts, please get in touch