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Business to Business Debt – Undisputed, with enforcement action

 

 

How much does this service cost?

No debt recovery matter is ever the same and so our fees will reflect the particular requirements of your matter.  The figures quoted below are a guide only as the cost of your matter will depend upon many factors such as: the evidence needed, the complexity of the dispute, the nature of the defence(s) raised, whether any counterclaims are raised and level of involvement the client wishes to have.  That’s why we’ll always give you an individual cost estimate at the start of the transaction, taking into account the actual details of your matter.  We will always advise you immediately about any complication; and would fully discuss the potential consequences of that before any additional charges are incurred.

Our charges apply where your claim is in relation to an unpaid invoice or other outstanding debt which is not disputed but where enforcement action is needed, such an issuing a claim or a statutory demand.  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 if necessary, which could be on a fixed fee, or an hourly rate if more extensive work is needed.

Our charges will be calculated primarily by reference to the time spent on the matter, although other factors may be taken into account.  We can offer fixed fee pricing quotes on a case-by-case basis and are happy to provides quotes on that basis.  Our hourly rates vary depending on the experience of the fee earner but, typically, will be in the following ranges:

  • Trainee solicitors and paralegals:  £120-175+VAT per hour
  • Solicitors:  £195-£250+VAT per hour
  • Associate Solicitor: £250-£295+VAT per hour
  • Senior Associate:  £295-£325+VAT per hour
  • Partners:  £325-£395+VAT per hour

The cost can vary based on the complexity of the matter, the importance and urgency of the matter to you, and the skill, effort, specialist knowledge and responsibility involved in dealing with it on your behalf.  The time spent will be charged in units of one-tenth of an hour.

Cases are dealt with by legal staff with the most appropriate experience for the value and complexity of the case.  Typically, lower value, or less complex, cases are dealt with by legal staff with up to 5 years’ experience and higher value, or more complex, cases are dealt with by legal staff with 5 years or more experience.  These cases are generally supervised by a Partner or Senior Associate with at least 10 years’ experience.  The specific legal staff involved in your case will be confirmed at the time of instructing Ellisons.

Debt recovery cases for undisputed debts with enforcement action will typically involve the following costs:

  • Demand Letter – £500-£750+VAT
  • Letter Before Claim – £1,500-£2,000+VAT
  • Issuing proceedings – £1,500-£5,000+VAT
  • Obtaining judgment in default:  £750-£1,500+VAT
  • Advising on enforcement options and strategy:  £1,000-£3,000+VAT
  • Applying for an Interim Charging Order: £2,500-£5,000+VAT
  • Applying for a Final Charging Order: £2,000-£3,500+VAT plus Counsel’s fee for the hearing, which would typically be between £1,500+VAT and £4,000+VAT
  • Applying for an Interim Third Party Debt Order: £2,500-£5,000+VAT
  • Applying for a Final Third Party Debt Order: £2,000-£3,500+VAT plus Counsel’s fee for the hearing, which would typically be between £1,500+VAT and £4,000+VAT

VAT will be charged at an additional 20%.

The above key stages are typical in this type of case.  The timescales vary on each case but generally a party is required to give a debtor time for responding to a Letter Before Claim of between 14 days and 3 months, depending upon the complexity of the case.  If the case is then undisputed and proceedings are issued to obtain a judgment the timescale to obtain judgment are typically between 2 months to 6 months.

Other enforcement options are available and please contact us for further advice on the best options available for your specific case.

Disbursements:

In addition to our costs, you will need to pay certain disbursement costs, including Court fees and Counsel’s fees where needed.  Again, these vary on a case-by-case basis but, typically, they include the following:

  • Court fees:  These vary depending upon the amount of the claim and they are published online and updated from time to time here.
  • Counsel’s fees:  Specialist barristers (also known as Counsel) are often used for drafting Court proceedings in these cases, or attending Court hearings.  Their fees will typically range from £1,000-£4,000+VAT for drafting proceedings to £2,000-£10,000+VAT for undisputed Court hearings.

As part of our fee we will:

  • Provide you with an experienced solicitor to work on your matter
  • Take your instructions and review documentation
  • Undertake a letter before action
  • Draft and issue claim
  • Where no Acknowledgement of Service or Defence is received or where the debt is admitted, applying to the court to enter Judgment in default
  • When Judgment in default is received, write to the other side to request payment
  • If payment is not received within the timescale given by the Court, provide you with advice on next steps and likely costs.
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