Debt Recovery Fee
Curzon Green offers two methods of successful debt recovery and will be able to advise which of our debt recovery services is most suitable to your individual situation.
- Fixed fee debt recovery
Our fixed-fee debt recovery service is both cost-effective and efficient. Under this arrangement, we provide a fixed fee based on the value of the debt to recover. The debt recovery process occurs in three distinct stages which increase to reflect the urgency of outstanding debts. A fixed fee exists for each stage, starting at just £55 + VAT. The stages are as follows:
- Stage 1: We will provide a Solicitor’s letter and phone call to your debtor, if necessary, to threaten County Court or insolvency proceedings
- Stage 2: Should stage two be advanced, we will issue a County Court claim or statutory demand against your debtor
- Stage 3: At this stage enforcement action will be taken
Anyone wishing to proceed with a claim should note that:
- 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.
2. No win, no fee debt recovery
For debts which have been outstanding for a considerable period, it may be possible to provide debt recovery services on a no win, no fee basis. However, proceeding with a no win no fee arrangement is to be determined on the specific circumstances regarding the debt or debts owed and the debtor(s).
At this stage, one of our experienced debt recovery lawyers will write to your debtor demanding immediate payment of the debt owed to you, warning your debtor that County Court or insolvency proceedings will consequently be advanced if they do not provide payment. If the debtor has not acknowledged the solicitor’s letter, and you have not received payment within 7 days, your designated solicitor will call the debtor, affirming the letter and demanding immediate payment.
The fixed-fee bands for stage 1 are as follows:
|Debt owed||Our fee|
|< £1K||£55 + VAT|
|£1k – £10K||£95 + VAT|
|£10K plus||£155 + VAT|
The late payment of a debt you are owed entitles you to recover compensation from the debtor, under the Late Payment of Commercial Debts (Interest) Act 1998. At Curzon Green, we will not only seek to recover the debt owed to you by the debtor but also the recovery of compensation for the delay in paying any outstanding debts by the debtor. It is important to note that such can only be recovered where the debtor is a business. The amount of recoverable compensation is determined by the amount you are owed and the quantity of outstanding debts.
Upon successfully recovering compensation which exceeds the legal fees payable to us for our debt recovery service, the compensation recovered will be the amount of your fees. If the compensation recovered does not meet your legal fees entirely, you will be required to pay the remaining amount.
At this stage, following no payment being made to you by your debtor, it will be necessary to issue a County Court claim or statutory demand against your debtor.
Under our fixed fee debt recovery service, we will issue a County Court claim against the debtor. The debtor will be notified by the court that action has been taken against them and must respond to the court or settle the debt within 14 days. Failure to respond to the court or settle the claim will result in our request to the court that a judgment be made against the debtor. At this stage, the debtor will receive a letter informing them of the court judgment and demanding that the outstanding debt be paid immediately to avoid enforcement action.
It may also be possible, at this stage, to recover court fees and a fixed amount towards your legal costs as well as potentially recovering compensation from the debtor. The amounts recoverable are specified below. If a judgment is made against the debtor and the debt is consequently neither settled or disputed, we will discuss with you the best course of enforcement action to take, advancing your debt recovery claim to stage 3, commencing enforcement action through formal legal proceedings.
|Debt Owed||Our Fee||Court Fee||Recoverable from debtor (Court fee + fixed costs)|
|< £1K||£110 + VAT||£25 – £60||£75 – £130|
|£1k – £10K||£175 + VAT||£70 – £410||£150 – £510|
|£10K – £100K||£275 + VAT||4.5% of claim value||Court fee + £100|
|£100K – £200K||£350 + VAT||5% of claim value||Court fee + £100|
Curzon Green can issue a statutory demand to the debtor threatening formal insolvency proceedings should the debtor fail to make payment. For proceedings against a company, an application would be made to the court for the company to be wound up. For proceedings bought against an individual, we will petition for their bankruptcy. This option is only available where a debt owed by a company exceeds £750, and a debt owed by an individual exceeds £5,000.
The cost of issuing a statutory demand is determined by the amount you are owed (see below). Our fee is fixed and there no commission is payable upon the amount
recovered. If the debtor fails to settle the debt or ignores the statutory demand within 21 days, we will discuss with you the potential commencement of insolvency proceedings and offer an estimate of costs.
|Debt Owed||Our Fee|
|£750 – £10K||£225 + VAT*|
|£10K +||£350 + VAT*|
*If the debtor is an individual, a third party will be instructed to serve the demand (at a cost of £60-£99)
At this stage, following a lack of compliance from the debtor at stage 1 and 2, we will commence enforcement proceedings. This usually requires instructing a High Court Enforcement Officer (Bailiff), who will seize personal property owned by the debtor, intending to sell them should the debtor fail to make payment. Alternatively, we can apply for a charge against any property owned by the debtor, thus securing your interest, which would enable you to seek payment of your debt from the proceeds of sale when the property is sold. Once a charge exists, you may consider applying to court for an order that the property is sold.
There are several alternative enforcement methods about which your debt recovery lawyer will advise you as to ensure the most appropriate and cost-effective method is advanced. If further information about the debtor’s financial circumstances is required, you can apply to the court for an order that the debtor attends for questioning. Our fees and other fees associated with different enforcement action are detailed below.
|Enforcement Action||Our Fee||Court Fee|
|Application for order that the debtor attends court for questioning||£100 + VAT||Court fee of £55 + process server’s fee (£60 – £99 approx.)|
|Application for Writ of Control – High Court Bailiff (where debt exceeds £600)||£100 + VAT||If unsuccessful: £66 Court fee + bailiff’s fee of £75 + VAT If successful: £66 Court fee (Court & bailiff’s fee recoverable from debtor)|
|Application for an Attachment of Earnings order||£100 + VAT||Court fee of £110|
|Application for Third Party Debt Order||£100 + VAT||Court fee of £110 Representation at court – estimated at £300|
|Application for Charging Order on Debtors Property||Charged on an hourly rate basis (we will provide an estimate based on the circumstances of the debt owed)||Court fee of £110 Land Registry fee of £40 Representation at court – estimated at £300|
ALTERNATIVELY: NO WIN NO FEE DEBT RECOVERY
It may be more appropriate to pursue debts owed to you through our no win, no fee debt recovery service, for example in cases where a debt has been outstanding for a long time, or where previous debt recovery attempts have not been successful.
We will discuss with you whether this is a suitable route for successful recovery, considering how much you are owed and the circumstances of the debtor and the debt. There is no initial fee payable, eliminating any potential risk.
Upon our debt recovery team at Curzon Green successfully obtaining the debts owed to you, a percentage of the total amount of money recovered will be charged. We will agree such with you before pursuing any action.
- the experience and qualifications of all individuals who carry out work within the areas specified under the rules. This may include:
- number of years post-qualification experience
- estimated numbers or examples of cases they have dealt with in given areas
- percentage of their time spent on given areas
- complexity or type of issues they typically deal with
- the experience and qualifications of those who supervise the individuals who will be carrying out the work, although you do not need to necessarily specify who supervises who.