Debt Recovery

Debt Recovery

We can offer a fixed price on undisputed invoice debts and other types of commercial debt recovery. Separately we can offer general advice on business debt recovery and commercial advice on your prospects of recovering outstanding debts.

At Altion Law we understand that outstanding debts can have a huge impact on the decisions you make in your business. Our commercial experts will provide you with clear advice on the options available to you, advising you of the costs, the timeframe and any pros and costs of each option so that you have a full picture before making any decisions. From the outset we will discuss your aims, priorities and objectives, to ensure that you are advised on the most appropriate steps forward in resolving the matter. We will be with you every step of the way to support you and your business, and aim to try and resolve any outstanding matters as quickly as possible so that you can focus on the progression of your business In certain circumstances we can offer fixed price services, allowing you to limit the costs and the risk to you and your business. Where we cannot offer fixed price services, we will provide you with full details as to your options, what you can usually expect when pursuing each option, and an idea of the costs to enable you to weigh up which option would be most suitable for you.

At Altion Law we will provide you with clear advice from the outset, and guide you though any process you chose to pursue to ensure that you can make the most suitable decision for you and your circumstances. If you would like to have a confidential discussion with a member of our team, if you complete our contact us form, we will call you back at a time that is suitable for you or you can contact us directly on 01908 414990.

Letter before claim

Before starting any formal court proceedings, you are required to make initial contact with the debtor in writing setting out what you are claiming, why and a deadline for them to make payment and/or respond. This letter should also advise that you are intending to take a legal claim against the debtor if the matter cannot be resolved by the deadline. This is generally referred to as a Letter before claim and it will give you opportunity to establish the debtors position before time and costs are incurred with court proceedings. You should also need to keep a copy of any correspondence sent out as evidence of your communication. Even where written communication has been sent, some parties find it useful to also send a solicitors letter to formally advise that you are serious in taking steps if the matter is not dealt with. We would always recommend that a solicitors letter is sent before any formal action is taken, as this can be a much cheaper and quicker way of resolving the matter if it pushes the debtor into action. It is usual to provide a debtor with 7-14 days to pay or respond. Where the debt is disputed however, the position would need to be considered in greater detail. To draft a standard letter before claim would usually cost in the region of about £75 plus Vat, however costs may vary for more complex matters.

Court Proceedings

Where sums are still outstanding following a letter before claim, the next step would usually be to issue court proceedings. The value and complexity of the matter will determine which process is suitable for your dispute, and in certain circumstances a specialist procedure may need to be followed. Generally speaking court claims are dealt with in the following way:

Small Claims Track - For claims of between £1 - £10,000

Fast Track - For claims of between £10,001 - £25,000

Multi Track - For Claims over £25,001 and complex matters.

In all cases both sides will have an opportunity to set out the claim, the defence, to list any evidence in support of their position and to provide witness statements setting out their position. The court will then look to list a hearing to assess and deal with each claim, where the parties are usually required to attend as a witness at the hearing. The time-frame to deal with the matter will depend upon the complexity, as well as the amount of evidence and witnesses involved, however it is not unusual for a court claim to take in excess of 10 months to reach a final hearing. The costs of dealing with a court claim, will also depend upon may factors, including the complexity, the number of parties involved and the volume of paperwork and witnesses setting out the position. The costs will also depend upon the actions of third parties, such as the court and the other side, and therefore it can be hard to understand the full costs involved from the outset. We therefore aim to carry out a full assessment of your matter as soon as possible, to enable us to provide you with a good idea of the costs involved in dealing with your matter so that you can make an information decision as to how best to move forward.

Enforcement

Once the court have considered the matter, a final judgment of the matter will be issued. This will set out the courts findings, and will set out what the parties are required to do. In certain circumstances, it is possible to appeal this judgment. If the matter is not appealed, and the required party has not taken the necessary steps ordered by the court, then enforcement of the judgment may be considered. Enforcement methods can include:

  •  Orders to obtain further information about another party;
  •  Orders for a third party to pay sums directly to the Judgment Creditor;
  •  Orders for a parties Employer to pay sums to a Judgment Creditor;
  •  Application for a Charging order;
  •  Application for Stop Orders and Stop Notices;
  •  An application to freeze assets or money
  •  Statutory Demands;
  •  Instructing bailiffs.

The time frame to pursue enforcement, will depend upon a number of factors, including the information available about the other party, the availability of the court and to some extent the actions of the debtor. The costs of pursuing each matter will depend upon the complexity of the matter and the volume of information involved and available, however we will discuss your matter in full, to advise you of the options most suitable to your matter.

If you would like to seek more information about our costs in relation to Debt Claims please download our guide here.

At Altion Law we will provide you with clear advice from the outset, and guide you though any process you chose to pursue to ensure that you can make the most suitable decision for you and your circumstances. If you would like to have a confidential discussion with a member of our team, if you complete our contact us form, we will call you back at a time that is suitable for you or you can contact us directly on 01908 414990.

Why choose us?

  1. Expert Advice
  2. Commercial Understanding
  3. Client Focused

Make a free enquiry

For a free enquiry, call us today on 01908 414990, email us at hello@altion-law.co.uk or complete our free enquiry request for a free, confidential and no obligation discussion and let one of our expert team discuss your situation and the options available to you.