Debt Recovery

  1. Debt Recovery (up to £100,000)

  1. a)What are our total costs or our average or range of costs?

It is not possible to provide a total cost for our debt recovery service as the range of costs depends upon many factors including:

  • The means of debt recovery employed (the most common means of debt recovery are: insolvency proceedings or county court proceedings)
  • Whether we are acting for the debtor or for the creditor
  • Whether or not the Pre-Action Protocol for Debt Claims applies
  • Whether or not the debt is disputed or not
  • Whether or not the case is urgent or complex

The range of costs is £300 + VAT   for preparing a Statutory Demand in a case of an undisputed debt to many thousands of pounds for a disputed debt that is determined at a trial.

We do not undertake debt recovery work on conditional or damages based agreements.   The costs of enforcing a County Court Judgment are not included in the above guidance.  Such costs are additional, as are the costs of home/site visits (if required).

  1. b)What is the basis of our charges, including any hourly rate or fixed fees?

Work undertaken on an hourly rate is charged as follows:

  • Mr James Murray (Solicitor, qualified in 1996) £225 + VAT per hour
  • Mr Will Jones (Solicitor, qualified in 2012) £200 + VAT per hour
  • Miss Gina Fryatt (Trainee Legal Executive ) £150 + VAT per hour

Any fixed fees we may be willing to offer are case specific (i.e. will depend upon the facts of that case); however, we set out below typical fixed fees:

  • Preparation of a Statutory Demand – £300 + VAT (this price includes considering your documents, taking instructions from you, preparing the Statutory Demand and instructing the process server and informing you of any response)
  • Preparation of a Letter of Claim – £400 + VAT (this price includes considering your documents, taking instructions from you, advising you and preparing the letter of claim,  approving the draft letter of claim with you and sending it to the debtor, and informing you of any response).

  1. c)What disbursements (expenses) may be necessary in addition to our fees?

For bringing insolvency proceedings, the following disbursements are likely to apply:

  • Process server’s fee for service of the statutory demand – £125 + VAT
  • Court issue fee – £280
  • Petition deposit – £1,600
  • Process server’s fee for service of petition – £125 + VAT
  • Company House search fee – £2
  • Advertisement fee – £79.40 + VAT
  • Counsel’s fee – the fee will be dependent upon the instructions (e.g. whether they are instructed to prepare a petition or to provide advocacy at a hearing)

For defending insolvency proceedings the following disbursements are likely to apply:

  • Court application fee to set aside Statutory Demand – £255
  • Court application fee for injunction to prevent presentation of petition – £308 (County Court) £528 (High Court)
  • Counsel’s fee – the fee will be dependent upon the instructions (e.g. whether they are instructed to advise or to provide advocacy at a hearing)

For bringing County Court proceedings the following disbursements are likely to apply:

  • Court issue fee: depends on the sum claimed. For sums no greater than £10,000 the court fee is graduated up to a maximum of £455. For claims over £10,000 but not more than £100,000 the fee is 5% of the value of the claim
  • If a court application fee is required that will be £100 (by consent or without notice) or £255 (on notice or where no other fee is specified)
  • Court hearing fee: depends on the sum claimed. For claims no greater than £10,000 the fees are graduated up to a maximum of £335. For claims between £10,001 to £25,000 the fee is £545 and for claims of £25,001 or more the fee is £1,090
  • Counsel’s fee: the fee will be dependent upon the instructions (e.g. whether they are instructed to advise or to provide advocacy at a hearing)

For defending County Court proceedings the following disbursements are likely to apply:

  • If a Counterclaim or an additional claim is being made the court fee will be as set out above (re: “For bringing County Court proceedings”)
  • If a court application fee is required that will be £100 (by consent or without notice) or £255 (on notice or where no other fee is specified)
  • Counsel’s fee: the fee will be dependent upon the instructions (e.g. whether they are instructed to advise or to provide advocacy at a hearing)

  1. d)What are the key stages and typical timescales ?

For bringing insolvency proceedings, the following key stages and timescales are normal:

  • To prepare and arrange service of a Statutory Demand – 1 to 2 weeks.  The Statutory Demand must be set aside within 18 days of service or paid within 21 days of service.  If not set aside or paid, a petition can be presented.  The petition should normally be issued within 4 months of service of the Statutory Demand.
  • To prepare, issue and arrange service of a petition and its advertisement – 2 to 4 weeks
  • From presenting a petition to the hearing of the petition – 1 month to 6 months

For defending insolvency proceedings, the following key stages and timescales are normal:

  • To prepare and issue an application to set aside a Statutory Demand/an injunction to prevent the presentation of a petition – 1 to 2 weeks
  • From issuing the application until the hearing – 1 day to a few weeks

For bringing or defending County Court proceedings:

  • To prepare and send a letter of claim – 1 to 2 weeks
  • To prepare and issue court proceedings – 2 to 4 weeks
  • To prepare and issue a Defence and Counterclaim  – 2 to 6 weeks
  • From issuing the claim to obtaining  judgment for the claim, or from filing the Defence or Defence and Counterclaim:

o   If undefended -1 to 2 months;

o   If defended – 6 to 12 months (the key stages being issue and service of the claim, filing of the defence or defence and counterclaim, reply to counterclaim, disclosure of documents, exchange of witness statements and trial).

  1. e)What are our qualifications and experience?

The fee earners carrying out the work are:

  • Mr James Murray, Solicitor (Law Degree, Legal Practice Course and 22 years post qualification experience) supervised by Mr Andrew Bevan, Partner.
  • Mr Will Jones, Solicitor (Business Degree, GDL and Legal Practice Course, 6 years post qualification experience) supervised by Mr James Murray
  • Miss Gina Fryatt, Trainee Legal Executive  (Law Degree, and CILEX undergraduate, with 2 years’ experience), supervised by Mr James Murray

  1. Licencing applications for business premises

 

  1. a)What are our total costs or our average or range of costs?

The average cost ranges from £750 to £1,000 + VAT (for all worked involved in an uncontested application for a licence).  Representation at a licensing hearing (if relevant representations regarding the application are made) is not included within that price.  We do not offer this service on a conditional or damages based fee agreement.

  1. b)What is the basis of our charges, including any hourly rate or fixed fees?

The work is undertaken by Will Jones.  His hourly rate and experience is set out above.

  1. c)What disbursements (expenses) may be necessary in addition to our fees?

The only likely disbursement is the application fee of between £100 and £635.

  1. d)What are the key stages and typical timescales ?

The key stages and typical timescales are as follows:

  • Four to six weeks from the initial application to the granting of a licence if no relevant representations regarding the application are made.

  1. e)What are our qualifications and experience?

The fee earner carrying out the work is Mr Will Jones, whose experience and qualifications are set out above.  He is supervised by Mr Andrew Bevan, Partner.