Find a debt recovery solicitor in England & Wales: letters before claim, County Court claims, statutory demands, insolvency and enforcement of judgments.
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A debt recovery solicitor collects what you are owed using the steps the law provides in the right order: the letter before claim under the Pre-Action Protocol for Debt Claims, a County Court claim or the online Money Claim service, default judgment where the debtor does not respond, and enforcement by warrant of control, attachment of earnings, third-party debt order or charging order. For a company debtor a statutory demand and winding-up petition may be quicker; for a consumer debtor the Consumer Credit Act 1974 adds its own requirements.
Many debt recovery solicitors offer fixed fees for each stage: the letter before claim, issuing the claim, obtaining judgment, and each enforcement step. The court fee is a disbursement and is added to the judgment. Some act on a percentage of what is recovered for undisputed debts. Ask whether the fixed costs recoverable from the debtor cover the fee for each step.
General information about England & Wales law and practice, not advice on your matter. The practitioners listed on this page give that advice.
Six years from when the debt fell due under the Limitation Act 1980, extended if the debtor acknowledges the debt in writing or makes a part payment. After six years the debt is not extinguished but the court will not enforce it if the debtor pleads limitation. Judgments must be enforced within six years without permission.
Yes. Between businesses the Late Payment of Commercial Debts (Interest) Act 1998 gives eight per cent over base rate plus fixed compensation per invoice. Otherwise the contract rate applies, or the court can award interest under section 69 of the County Courts Act 1984 or section 35A of the Senior Courts Act 1981.
A formal written demand under the Insolvency Act 1986 for a debt of at least £750 from a company or £5,000 from an individual. If it is not paid, secured or set aside within twenty-one days, the creditor can present a winding-up or bankruptcy petition. It must not be used to pressure payment of a genuinely disputed debt.
A limitation register on every account under the Limitation Act 1980, the letter before claim the Pre-Action Protocol for Debt Claims expects, and recoveries receipted to the client account.