Key Stages

FAQs

• 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)

  Further information can be found here and 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 on to 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.