Individuals Sector

Debt Recovery for Individuals

At Oliver Fisher our experienced team provide a low cost, reliable and effective un-contested* debt recovery service. We charge a set rate fee and a success fee* of the amount claimed plus interest if successful in recovering your debt at each stage of the process.

If we do not recover your debt then we only charge our set fees. For more information about our debt recovery service call 0203 219 0145

You can soon instruct our debt recovery team to send out a letter before action online by completing our instruction form 24 hours a day. We guarantee to send a letter before action on the same day of instruction (subject to payment) unless your instructions are received after 4pm. Payment can be made online via our website Payment Page. Please use either your name or company name as the reference i.e. Debt/James Pringle

Should further action be required our solicitors can help you every step of the way, whether issuing legal proceedings or even bankruptcy and winding up proceedings. For more information please do not hesitate to contact us.

Debt recovery – what does it cost?

These costs apply where your claim relates to an unpaid invoice or invoices which are not disputed and enforcement action is not needed. If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs which might be on a fixed fee or an hourly rate basis. The fixed fees set out below do not include giving you any advice about your claim.

Stage 1

Is it a company debt or individual/sole trader?

Company – letter before action: £25 plus VAT set fee.

Individual/sole trader – letter of claim: £50 plus VAT set fee.

International – letter before action: £50 plus VAT set fee.

Letters before action sent to companies usually require the debtor to pay within 14 days, but letters to individuals provide for a 30-day period in accordance with court guidelines and the time limit for payment in international letters before action may vary.

Stage 2

Court claims – issue claim

DebtCourt feeOliver Fisher’s set fee
Up to £300£35£90 plus VAT – and a success fee of 12.5%, 22.5% or 32.5% depending on whether debt recovered at stage 1, 2 or 3.
£300 – £500£50£90 plus VAT – and a success fee of 12.5%, 22.5% or 32.5% depending on whether debt recovered at stage 1, 2 or 3.
£500 – £1,000£70£125 plus VAT– and a success fee of 12.5%, 22.5% or 32.5% depending on whether debt recovered at stage 1, 2 or 3.
£1,000 – £1,500£80£145 plus VAT– and a success fee of 12.5%, 22.5% or 32.5% depending on whether debt recovered at stage 1, 2 or 3.
£1,500 – £3,000£115£150 plus VAT– and a success fee of 10.5%, 18.5% or 22.5% depending on whether debt recovered at stage 1, 2 or 3.
£3,000 – £5,000£205£150 plus VAT– and a success fee of 6.5%, 15.5% or 20.5% depending on whether debt recovered at stage 1, 2 or 3.
£5,000 – £10,000£455£170 plus VAT– and a success fee of 4.5%, 16.5% or 18.5% depending on whether debt recovered at stage 1, 2 or 3.
£10,000 – £200,0005% of claim£260 plus VAT– and a success fee of 3.5%, 14.5% or 13.5% depending on whether debt recovered at stage 1, 2 or 3.

 

If you wish to proceed with a claim then please note that the interest and compensation may take the debt into a higher banding resulting in a higher fee.

Once the court has served the claim a debtor has 14 days in which to file a defence or enter an acknowledgement. After the 14-day period has expired a request can be made to the court for judgment to be entered providing the debtor has not filed an acknowledgement or a defence.

Stage 3

Request for Judgment – £55 plus VAT Set Fee

If judgment is obtained but not paid then further action will be required to enforce payment. We will need to discuss any third-party fees in respect of enforcement with you separately. Please note that we reserve the right to charge an additional fee if we are required to arrange for third party enforcement.

Timescale: It usually takes the court about 10 working days to enter judgment following receipt of a request to enter judgment.

Defended Actions

Please Note: The above set fees are only applicable in undefended actions. If your debt claim becomes defended at any point, then we reserve the right to charge the applicable hourly rate set out in our retainer letter to you.

Additional services if necessary

Prices alongside service is for our legal fees, related disbursements may also be payable for specific services which will be made available on request as third-party fees may change from time to time. Where possible indications of third-party costs are given.

Writ of control – £60 plus VAT Set Fee otherwise known as instructing a High Court Enforcement Officer to seize goods in satisfaction

Related disbursements

  • Court fee – £66

  • HCEO fee – £90 payable if the warrant is not successful

Timescale: A writ of control may be applied for once judgment has been obtained but whether or not any recovery will be made depends on the debtor’s ability to pay and whether there are any assets which may be seized and whether a repayment agreement is entered into. A typical enforcement by writ of control may take about 8-12 weeks from instruction. If we are required to enter into correspondence about the enforcement then the matter will no longer be treated as a fixed fee enforcement and additional charges will apply based on the applicable hourly rate set out in our retainer letter to you.

Warrant of execution – £60 plus VAT

Related disbursements

  • Court fee – £110

Timescale: A warrant of execution may be applied for once judgment has been obtained but whether or not any recovery will be made depends on the debtor’s ability to pay and whether there are any assets which may be seized and whether a repayment agreement is entered into. A typical enforcement may take about 8-12 weeks from instruction. If we are required to enter into correspondence about the enforcement then the matter will no longer be treated as a fixed fee enforcement and additional charges will apply. These charges will be based on an hourly rate set out in our retainer letter to you.

Please note that you will have to pay any additional third-party bailiff fees that may be applicable if so required.

Issue of statutory demand for companies and individuals – £150 plus VAT

Related disbursements

  • Third Party – Process server fee – up to £165 plus VAT

Timescale: A statutory demand should only be made where the debt is not disputed for example where there is a judgment or an admission that the debt is due. A statutory demand can be prepared on receipt of instructions and is then usually sent to a process server for personal service. Personal service generally takes about 2-3 weeks via a process server.

Bankruptcy proceedings – £750 plus VAT

This is applicable to cases where the matter is determined at the first hearing, there are no issues with regards to service and is only applicable in cases whereby the debt is not disputed or if a court judgment has been obtained which has not been set aside or appealed.

Related disbursements

  • Process server – up to £150 plus VAT

  • Court fee – £280

  • Deposit – £990

  • Agent for hearing – depends on location

  • Search fee – £11

Time scale: A bankruptcy order can usually be obtained within about 8-12 weeks of the petition being issued by the court.

Winding up – £1,000 plus VAT

This is applicable to cases where the matter is determined at the first hearing and is only applicable in cases whereby the debt is not disputed or if a Court judgment has been obtained which has not been set aside or appealed.

Related disbursements

  • Court fee – £280

  • Petition deposit – £1,600

  • Process server – up to £150 plus VAT

  • Agent fees for hearing- depends on location

  • Advertisement in London Gazette – £101.52

Time scale: A winding up order can usually be obtained within about 8-12 weeks of the petition being issued by the court.

Attachment of earnings – £150 plus VAT

This is applicable in cases where the attachment of earnings is obtained without a hearing or further applications/revisions to deal with debtors who have not been found or their employment has changed.

Related disbursements

  • Court fee – £110

Time scale: An attachment of earnings order can sometimes be obtained within about 6-8 weeks of the application for an attachment of earnings order being issued by the court.

Charging order – £350 plus VAT (excluding hearing)

Related disbursements

  • Court fee – £110

  • Agent’s fee for attendance at court if necessary – depends on location

  • Registration of charging order – £40

  • Search fee – £11

Time scale: An interim charging order can sometimes be obtained within about 2-3 weeks of application being made to court. The timescale for the final charging order will depend upon whether the debtor files an objection and if the Court lists the case for a hearing. Without any objections or a hearing it would be a further 4-6 weeks.

Third party debt order – £250 plus VAT

Related disbursements

  • Court fee – £110

  • Agents fee for hearing – depends on location

Time scale: A third party debt order can sometimes be obtained within about 8-12 weeks of the application being issued by the court.

Order that debtor attends court for questioning/oral examination – £250 plus VAT

Related disbursements

  • Court fee – £55

  • Agent fee for hearing if required – depends on location

  • Process server – up to £150 plus VAT

Time scale: The debtor will usually be required to attend court for questioning within about 8-12 weeks of the application being made.

Please note: All third-party fees listed above are accurate at the date of publication of our fees being 29.11.18. If third parties increase their fees, then we will do our best to communicate this as timely as possible. It is, however, not always possible to communicate changes in third party fees in time once an instruction is accepted.

*Success Fee – If we are not successful in recovering the debt owed to you then you only pay the set rate fees for stages 1-3 detailed above. If we deed succeed in recovering your debt at any stage then a Success Fee of either 12.5% at stage 1, 22.5% at stage 2 or 32.5% at stage 3 is payable.

*Un-contested – Please note that the above set-fees only apply to undefended debt claims. The success fee remains in payable in both defended and undefended debt claims. All work carried out in relation to a contested / defended action will be chargeable on an hourly rate set out in our retaine


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