How long will it take?
Whilst there are minimum timescales between the key stages of a debt recovery case it is difficult to predict a timescale if the case gets to the enforcement of a judgment stage as it depends on so many factors. The timescale could be anything from days to years.
What may affect the timescale?
The following things may affect the timescale of a debt recovery case:
- How long negotiations take
- Capacity of the courts
- Capacity of the bailiffs
What are the key stages?
The key stages of debt recovery are:
- We receive instructions from the client and obtain any further information required
- We send a letter before action to which the debtor has 14 days to respond or
- We send a letter of claim to which debtor has 30 days to respond
- At this point, negotiations may take place and a payment plan may be set up
- If we do not receive a satisfactory response to the letter before action, court proceedings are issued
- The debtor has 14 days to file a Defence. That will be increased to a maximum of 28 days, if the debtor files an Acknowledgement of Service within 14 days of the service of proceedings
- If no Defence is filed judgment is requested by us automatically (usually 20/21 days from instruction to Issue proceedings)
- Judgment should be granted within 48 hours (excluding weekends)
How much will it cost?
Full details of fixed fees and court charges for England & Wales which apply from 1st
October 2021 can be found here.
Full details of fixed fees and court charges for Scotland which apply from 1st October 2017 can be found here.
What is a disbursement?
A disbursement is an expense a solicitor has to pay out on behalf of a client, for goods or services provided to the client, or on the client's behalf. This amount will then be applied to the client’s bill.
What disbursements relate to Debt Recovery?
Varying Court Fees as set out on the price list.
What exclusions should I be aware of?
Our fees include:
- Taking your instructions and reviewing documentation
- Receiving payment and sending onto you. There may, however, be an appropriate CHAPS fee to pay in respect of an immediate electronic payment
- Providing you with advice on next steps and likely costs, if payment is not received within any relevant timescale (please see below)
Any businesses wishing to proceed with a debt recovery claim should note that interest and compensation may take the debt into a higher banding, with a higher cost.