If you have a client or customer with an unsettled bill, we can help you to recover monies owed by drafting, on your behalf, late payment letters leading to a final letter before claim. If your debt is still outstanding after 7-14 days from the date of their receipt of a letter before claim, we can take the next step and issue proceedings in the relevant court in the UK against the debtor.
Issuing proceedings involves drafting a claim form and detailed particulars of claim, which will in most circumstances mirror the letter before claim. The fees for issuing claims are set out as follows:
For low value claims of up to £10,000, proceedings are issued in the county court on the small claims track. Claims for greater than £10,000 are issued in the high court on the fast or multi-track.
An important point to note is that you can only claim certain minimal costs against your debtor if you win, in the county court. These are known as “fixed costs” and are provided for by the Civil Procedure Rules. They include the court fee and you can claim back your travel to court to attend a hearing if this is required, but they do not include your solicitors’ charges. On the fast track, fixed trial costs may be recovered but any additional costs recovery is likely to be limited. On the multi-track, as a general rule 2/3rds of the costs may be recovered by the successful party.
Going to court should however be the absolute last resort. It is of vital importance that you have demonstrated a genuine attempt to settle the claim before taking court action; if you don’t do this then you may be penalised by the court. The Small Claims Mediation Service is also available for debts of £10,000 or less, provided both parties agree to use the service.
Please get in touch with us if you would like our assistance with recovering your debt, whether the debtor is a company or an individual.
We also offer an insolvency service for clients wishing to wind up their UK-based business.