Hastings and Co Solicitors offer a low cost debt collection service in Essex to private individuals or businesses that are owed money.
We offer a number of services including:
Letters before action
We will send the debtor a letter before action warning that if the debt is not paid within 7 days legal proceedings will follow. For business to business debts we automatically make a claim for compensation payable under the Late Payment of Commercial Debts (Interest) Act 1998.
Usually all we need to get started is a copy of the outstanding invoice or if there is more than one invoice a statement of account will do if it contains full details of the outstanding invoices.
Legal proceedings in the County Court or High Court
If the debtor still does not pay, and upon instruction, we will issue legal proceedings to recover the debt.
We are experts in litigation and dispute resolution and can advise you on the merits of your case if the debt is disputed.
Bankruptcy or insolvency proceedings
If you wish to make someone bankrupt or wind up a company we can act for you.
Once you have a County Court or High Court Judgment we can then advise you on the full range of options open to you including:-
- Charging orders over land
- Third party debt orders
- Attachment against earnings
Hastings & Co Solicitors are experts in all aspects of debt collection. For advice or assistance telephone 01621 876 031 without any obligation.
DEBT COLLECTION FEE GUIDANCE
How much will it cost?
Stage 1: Letter Before Action
We charge £15 plus VAT for sending a standard Letter Before Action by email and letter to your debtor *. The Letter Before Action instructs the debtor to direct any queries to the customer. If the debtor contacts us we will charge £15 plus VAT per item of routine communication.
*This service is a low cost service intended for uncontested debts where the debtor is based in England or Wales. Where we are required to give legal advice we charge £250 per hour plus VAT.
Stage 2: Issuing Legal Proceedings
We will issue legal proceedings electronically through the Money Claim Online portal and if the claim is not defended we will obtain a Judgment against the debtor. Our charges for this stage are likely to be in the range £250-500 plus VAT depending on the value and age of the debt and the number of invoices. Often we are able to recover some or all of these charges from the debtor so that we are able to recover the full value of the debt for the creditor.
In addition to our fees the client will be liable for disbursements, including for example, court fees. Court fees for debts between £25 and £10,000 vary between £25 and £410. For debts over £10,000 the court fee will be 4.5% of the value of the claim.
Stage 3: Enforcement of Judgments
If the debtor does not pay it will be necessary to take enforcement action. In straight forward cases, our charges for this stage are likely to be in the range £250-500 plus VAT.
In addition to our charges the client will be liable for disbursements, including for example, court fees.
Stage 4: Defended Claims
We charge an hourly rate of £250 plus VAT. It is difficult to predict at the outset of a defended claim how much our final charges will be as it will depend on a number of factors including: the number and complexity of issues raised, the number of witnesses, the amount of documentation, whether expert evidence is required and the stage at which the claim is settled. Upon the claim being defended we will give an estimate for the cost of dealing with the defended claim.
Who carries out the work?
All work is carried out by Liam Hastings who qualified as a solicitor in 2004.
How long will it take?
Stage 1. We aim to send Letters Before Action within 2 working days of receiving instructions.
Stage 2. Upon issuing legal proceedings, if the claim is not defended, it is likely to take 4-8 weeks to obtain a Judgment against the Debtor.
Stage 3. It is difficult to predict at the outset how long this stage will take. This will depend on a number of factors including: how busy the court is and how quickly they process applications, the type of enforcement action taken and whether the the debtor has any assets that can be enforced against.
Stage 4. Claims can settle at any stage, however, if the claim is defended and the debtor will not settle, it will eventually be determined at a court hearing. In straight forward claims for less than £10,000 the hearing is likely to take place approximately 6-9 months after the claim is issued. In straight forward claims between £10,000-£25,000 in value the hearing is likely to take place 9-12 months after the claim is issued. For straight forward claims exceeding £25,000 in value, the hearing is likely to take place anywhere between 8-18 months following the claim being issued.