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Costs in Debt Recovery Claims
The Solicitors Regulation Authority requires solicitors to provide detailed information as to the costs of certain services via our website. For businesses this includes debt recovery up to a value of £100,000.
The information we provide is either the average cost of the work or a range of costs, usually based on hourly rates, and any likely third-party payments (known as “disbursements”) for example to HM Courts and Tribunal Services which we re-charge to you in our bill.
We also provide information about the solicitors and other fee earners who will work on this type of matter, their qualifications and experience.
The costs information provided is based on our experience of typical transactions or cases. The actual charges may vary, for example, if your case is more or less complex than the norm. We will give you a cost estimate at the outset, taking into account the actual circumstances of your case. We will also update the estimate if complications arise.
The cost of debt recovery services for cases with a value up to £100,000
Our fees and the disbursements for a typical debt recovery claim cover the work and involve the costs set out below. In some cases, for example where the debtor pays immediately in response to a letter before action, the costs may be less. In some cases, where the basis of your claim is complex, the costs may be more, and we may need to instruct Counsel to advise and/or draft particulars of claim. In such cases you would have to pay Counsel’s fees in addition to our fees.
Our fees and disbursements for this work are based on the number of hours we take multiplied by the hourly rates for the fee earner doing the work.
- Taking your instructions, reviewing any relevant documents and advising you about your claim: 2-3 hours at £210 per hour: £420 – £630 plus VAT
- Carrying out relevant searches, for example at Companies House: 1 – 2 hours at £210 per hour: £210 – £420 plus VAT;
- Drafting and sending a letter before action: 2 – 3 hours at £210 per hour: £420 – £630 plus VAT
- Receiving payment and transferring it to you; or if the claim is not paid, drafting and issuing a claim form and particulars of claim: 2 – 3 hours at £210 per hour: £420 – £630 plus VAT;
- The Court-issued fees for debt claims up to £10,000 range from £35 to £455. If the value of a claim exceeds £10,000 but is not more that £100,000, then the Court fee will be 5% of the value of the claim. So if a debt claim is worth exactly £100,000, then the court fee will be £5,000. Under the Court’s Help with Fees scheme, the Court fee may be waived in certain circumstances.
- Where no acknowledgment of service or defence is received, or where the debtor fully admits the debt, applying to the court to enter judgment : 1 – 2 hours at £210 per hour: £210 – £420 plus VAT;
- On receipt of judgment in default or following a full admission, writing to the other side and demanding payment on your behalf: 1 hour at £210 per hour
- If payment is not received, providing you with advice on next steps and the likely cost of those steps: 1 – 2 hours at £210 per hour: £210 – £420 plus VAT;
Total Solicitors’ Fees of £2,100 – £3,360 plus VAT
Court fees for debt claims worth up to £100,000 (for the period after May 2021): between £35 to £5,000 unless exempt under the Court’s Help with Fees scheme.
Debt recovery claims involving default judgments normally take between 6-12 weeks to conclude, depending on whether it is necessary to issue a claim and file an application for default judgment.
Note however that the time taken by different courts to issue claims and process applications for default judgment can vary and this can impact on the overall time it takes for your case to complete.
This cost information does not cover situations where:
- The debtor disputes your claim and we enter into correspondence with the debtor regarding the dispute on your behalf and/or some form of alternative dispute mechanism is adopted, such as mediation; or
- The debtor partly admits the claim;
- The debtor files a defence to your claim; or
- The debtor applies to the court to set aside any default judgment obtained; or
- The debtor is based abroad and service of the claim out of the jurisdiction is required; or
- The debtor does not satisfy any judgment obtained on your behalf and enforcement or insolvency action is required.
In these situations, we will advise you as to the cost implications, bearing in mind the nature of the issues that have arisen.
Who to Contact
NEIL HAYTER
Partner, Commercial Litigation
Neil is a Partner in Druces’ Commercial Litigation team, specialising in general commercial litigation, all areas of dispute resolution and insolvency work.
How can we help?
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