Going to Court

If a letter before action or other attempts to recover your debt do not succeed or, are not appropriate then issuing Proceedings is the course of action for you to consider.

We issue Proceedings through the Northampton County Court Bulk Issue Centre (CCBC) which means that you, as our Client, receive the benefit

  • of reduced Court Fees and
  • the knowledge that the Court will issue the Proceedings on the day of receipt avoiding further unhelpful delay in recovering your debt

The service you receive includes advice and guidance from us on

  • the issue of the Claim Form
  • our advising you as to any response to the Claim Form
  • offers of payment
  • requests for further information regarding debt
  • part admissions; initial advice on defences received
  • entering Default Judgment if no response is received to the Claim Form
  • what fixed recoverable Solicitors’ costs and Court Fees we recover with either statutory or contractual interest

Remember that we also provide added value to all our Debt recovery services by advising you

  • on your Credit Control procedures
  • your Contracts, Terms & Conditions

What work do we do for you?

Making a debt recover claim consists of the following stages:

  • Taking your instructions and reviewing documentation
  • Undertaking appropriate searches
  • Sending a letter before action
  • Receiving payment and sending onto you, or if the debt is not paid, drafting and issuing the claim
  • Where no Acknowledgment of Service or Defence is received, applying to the court to enter Judgement in default
  • When Judgement in default in received, write to the other side to request payment
  • If payment is not received within X days, providing you with advice on next steps and likely costs

The stages set out above are an indication and if some of stages above are not required, our costs will be less. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

What is not covered by the work that we do for you?

 The VAT element of our fee cannot be reclaimed from your debtor.

 Interest and compensation may take the debt into a higher banding, with a higher cost.

 If the debt is disputed then the action will become more complex and will normally then fall into the category of ‘commercial litigation’. If this occurs we will advise upon the additional complexities, timescales and costs.

The costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt.

Any appeal against a decision whether by yourself or by the other side is not covered in the estimate of costs and would be considered a new matter which we would be happy to deal with on your behalf

How long will my case take?

Matters usually take between 2 weeks where the claims is made and the defendant pays to upwards of 3 years if the claim becomes protracted and is defended, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgement in default. If enforcement action is needed, the matter will take longer to resolve.

How much will it cost

Our work is charged at an hourly rate a table of which are contained in our standard terms and conditions which can be found on our website.  Our estimate for debt recovery claims that are not disputed are

  • Debt settled before court proceedings: £500 - £1,000 (excluding VAT)
  • Court proceedings issued but not defended: £1,250 - £2,500 (excluding VAT)

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.  We will advise you of the cost of these if they become relevant.

Who will do the work for me?

We have a very experienced team headed by Chris Mason, a specialist litigation solicitor and director of  the firm who has specialised in litigation for over 7 years.

Click on the Meet Your Team link on this page to view the profiles of the team that carry out debt recovery work at Brown Turner Ross