Debt Recovery

1. Fixed Fee Pre Action Letter

Upon receipt of your instructions and relevant documentation i.e. signed contracts, terms and conditions, copy invoices and any other relevant documentation, we immediately forward to the debtor a pre action letter requesting settlement of the outstanding debt within 14 days.

The pre action letter will inform the debtor that if they fail to acknowledge the letter, or payment is not received within the 14 days, then court proceedings will be instigated and in addition to the outstanding debt they will be liable for any interest, court fees and costs incurred.

On expiry of the 14 days, if the debt has still not been recovered, we will contact you to establish whether you wish us to take further action.

2. Court Action

Non Contested Court Action

If you decide to take further action we will begin court action. At this stage we will serve a claim form to the debtor via the court. If no response is received within 14 days or the debtor fails to enter a defence within 28 days we will apply for a county court judgement. We will advise on all aspects of the case and update you at each stage of the action.

Defended Actions

If your claim is disputed and becomes defended by the debtor then we shall charge for our time on an hourly rate basis but we will provide you with an estimate of the costs that you are likely to incur, so you can decide whether it is economically viable to pursue the debt.  We will then advise you of all options available to you to resolve the dispute with the debtor and prepare your case to maximise its impact at trial.

If your claim proceeds to trial and you are successful, provided your claim is for more than £5,000, you should be able to obtain an order that the debtor is to pay the majority of your legal costs.

3. County Court Judgement Enforcement Service

If your claim is successful the court will issue a county court judgement but this does not always automatically produce any money. Having obtained a judgement against a debtor, Grindeys can advise on how the judgement could and should be enforced to obtain payment.