Debt Recovery (Up to £100,000) Pricing
Most debt matters are dealt with by Derek Shores a paralegal with over 40 years practical experience. He is supervised by Neil John, a Partner in the firm’s Civil Litigation department. Neil has 20 years experience. Other members of the civil litigation team at Fraser Dawbarns may deal with your matter and they are supervised by Melinda Smith, the firm’s Managing Partner, a solicitor with 25 years experience. Details of members of the civil litigation team can be found here.
Average Costs and Timescale
Undefended debt claims which seek recovery of less than £10,000
The average cost charged by Fraser Dawbarns is likely to be between £250 and £500 plus VAT for preparation and delivery of a Letter of Claim in accordance with any Pre-Action Protocol.
If proceedings are issued the average costs in addition to the above are likely to be £500 – £750 plus VAT for issue of proceedings to include preparation of Claim Form, submission to the Court, completing Application for Judgement in the absence of any Admission or Defence, subsequent enforcement of that Judgement by way of either issue of a Warrant of Control for Debt of less than £600 or the issue of a Writ of Control if the debt exceeds £600.
- Court Fees (no VAT payable) are on a sliding scale between £35 and £455 depending upon the amount of the Claim (https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service)
- Court Fee upon the issue of a Warrant of Control – £110
- Fee to transfer case from County Court to High Court for purposes of issue of a Writ of Control – £66
- Enforcement Officer’s fees if they cannot secure payment and the matter proves to be abortive – £75 (plus VAT)
Although the Court Fees incurred are usually recoverable from a Debtor and are included within the judgement debt only a limited sum can be recovered from a Debtor by way of Fixed Costs varying between £50 and £100 (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs)
Time scales for this type of work are largely dependent on how swiftly the Court deals with matters and are therefore largely out of our control. But our experience is that for an undefended debt claim where no defence is delivered but enforcement is required and there has to be compliance with a Pre-Action Protocol is somewhere in the region of 24 weeks depending upon how quickly the Court are able to deal with the issue and service of the Claim Form and Request for Judgement and subsequent efforts of any Enforcement Officers.
For a defended simple debt claim for less than £10,000 which would proceed on the Small Claims Track the broad average costs excluding VAT and Court Fees will be in the range of between £3,000 – £4,000 and the likely time-scale to resolve the matter is broadly in the region of 6 months again depending upon the Court Service.
Debt claims which seek recovery of more than £10,000 and less than £25,000
These would normally proceed on the Fast Track and will be charged at an hourly rates ranging from £250 – £285 depending on the fee earner dealing with your matter. For such cases we will provide a bespoke costs estimate on being instructed. However in our experience the average costs for dealing with such cases where they are undefended would likely be between £750 and £1,500 plus VAT
Court fees on a sliding scale of 5% of the amount claimed and between £455 and £1,250.
Debt claims which seek recovery of more than £25,000
Such claims tend to be more complex and it is not possible to give an accurate estimate or average costs as there can be several factors that until we are instructed are unknown and variable. Such cases will be charged at hourly rates between £250 and £285. For the same reasons it is not possible to give time scales. Bespoke costs estimates and time scales can be provided on our being instructed.