Commercial Debt Recovery: Our Fees
Staged, transparent debt-recovery pricing
To help you choose a solicitor, the SRA requires us to publish clear price information for this service. The figures below set out our fees, what is included, the disbursements payable, and typical timescales. For a quote tailored to your matter, call 01482 228808.
Debt recovery pricing information
Stage 1. Pre Legal Debt Recovery
Starting the debt recovery process normally involves sending a letter before action (LBA) to the debtor. If the debtor is an individual, including a sole trader, the Pre-Action Protocol for Debt Claims applies and the debtor must be given at least 30 days to respond before a claim is issued. The protocol does not apply where the debtor is a company, but the court still expects a letter before action and a reasonable time to respond.
You can instruct Brewer Wallace to send an LBA only and in this regard our charges are £20 plus VAT. This charge is reduced to £10 plus VAT per letter if you instruct us on 20 matters or more.
The following section governs the charges we make on matters before issuing legal proceedings. All work described below is plus VAT.
| Option 1 | Fee for each file referred |
| Work includes Review of client file, risk assessment, file set up & sending of letter of demand and dealing with first response thereto, asset investigation and providing advice on merits of claim. To include preparing and sending pre action protocol letter before action (LBA), Receiving and considering any reply from debtor/his legal advisor and providing you advice on how to proceed. | £250 |
| Option 2 | Discounted fee based on 20 referrals and above |
| Work includes Review of client file, risk assessment, file set up & sending of letter of demand and dealing with first response thereto, asset investigation and providing advice on merits of claim. To include preparing and sending pre action protocol letter before action (LBA), Receiving and considering any reply from debtor/his legal advisor and providing you advice on how to proceed. | £175 |
In addition to the above charge, we will invoice you 10% of the debt recovered on your behalf.
Insolvency
This section governs our charges for undefended bankruptcy proceedings on debts in excess of £5000. If the claim becomes defended, an hourly rate will be charged at Grade A rate of £201 plus VAT per hour. More details on charges for insolvency proceedings can be provided upon request.
| Our fees | Court fee | Other fees | Total | |
| Drafting Statutory Demand | £100 | |||
| Service of Statutory Demand | Process server usually £150 to £200 | |||
| Drafting Petition | £500 | £500 | ||
| Issuing Petition | £352 | £1,500 (Official Receiver deposit) | £1,852 | |
| Service of Petition | Process server usually £150 to £200 |
Other disbursements include;
Agents fee for attending the bankruptcy hearing (depends on location) but usually £85 plus VAT
Insolvency search £20 plus VAT
Proceeding with a statutory demand is usually only done if the debt is undisputed or a Judgment has already been granted by the Court. Service of the demand usually takes place within 2 to 3 weeks of the demand being given to a process server for serving. Once served the debtor has 21 days to pay the debt or 18 days to apply to the Court to set aside the demand.
A bankruptcy Order is usually obtained within 6 to 12 weeks of a petition being issued.
Stage 2. Legal/contentious Debt Recovery
This section governs the charges we make for matters whereby legal proceedings have been issued including any work done in preparation for such proceedings. All work described below is:
- subject to payment of all disbursements
- subject to the addition of VAT
Issue fees- to issue a claim for money, the following fees will be payable on the amount claimed
| Value of claim | Court fee payable (£) | Our fee (£) |
| Up to £300 | 35 | 100 |
| £300.01 to £500 | 50 | 100 |
| £500.01 to £1,000 | 70 | 100 |
| £1,000.01 to £1,500 | 80 | 150 |
| £1,500.01 to £3,000 | 115 | 150 |
| £3,000.01 to £5,000 | 205 | 150 |
| £5,000.01 to £10,000 | 455 | 200 |
| £10,000.01 to £25,000 | 5% of the claim | 250 |
| £25,000.01 to £50,000 | 5% of the claim | 350 |
| £50,000.01 to £100,000 | 5% of the claim | 500 |
| £100,000.01 to £200,000 | 5% of the claim | 550 |
| Over £200,000.01 | 10,000 |
| Principal claim amount/value | £0-£10,000 (small claims) | £10,000+ (fast & multi track) |
| Drafting and issuing a claim form | See above | See above |
| Receiving and considering any defence, dealing with any transfer of the case, advising on Defence and drafting a reply and/or defence to counterclaim. Filing directions questionnaire. To include all necessary correspondence and telephone calls | £325 | Hourly rate A |
| Preparing and conducting mediation, negotiating payment/settlement, drafting and agreeing any compromise/settlement agreement. To include all necessary correspondence and telephone calls | £200 | Hourly rate A |
| Preparing and attending any preliminary hearing as required (if any) | £100 | Hourly rate A |
| Preparing evidence for trial, preparing trial bundles, witness statements, expert reports and other required evidence, including filing evidence at Court and serving Defendant. To include and advising on settlement negotiations and all necessary correspondence and telephone calls (NB a separate payment will be required for any experts report) | £300 | Hourly rate A |
| Preparation for trial, case summaries, cost schedules, instructing Counsel (barrister), liaising with witnesses and advising of outcome. To include and advising you on all settlement negotiations and to include all necessary correspondence and telephone calls | £475 | Hourly rate A |
In addition to the above charge, we will invoice you 10% of the debt recovered on your behalf.
Assumptions for small claims
- Not to last more than 3 hours.
- No expert evidence is required (other than report).
- There be no more than 2 witnesses.
- In the event that the Court allocates your claim to a different Track, then the above charges will only relate up until the stage the matter was allocated to a different Track and the matter will then be dealt with on an ‘Hourly Rate Basis’.
- The matter is relatively straightforward. If complex issues arise, we will tell you before any further work is done, and the work will be charged at the Grade A hourly rate.
Hearing fee- this fee is payable on the filing of the pre-trial check list or within 14 days of the notice of trial date, or the date you are told of the trial date
| Value of claim | Fee payable (£) | |
| Small claims | Up to £300 | 27 |
| £300.01 to £500 | 59 | |
| £500.01 to £1,000 | 85 | |
| £1,000.01 to £1,500 | 123 | |
| £1,500.01 to £3,000 | 181 | |
| More than £3,000 | 346 | |
| Fast track | 619 | |
| Intermediate or multi track | 1,334 | |
PLEASE NOTE: if you do not pay a fee when required by the court, the court can make an order which may lead to your claim being struck out.
Once the Court has issued and served your claim, the Defendant will have 14 days from service to file a defence, acknowledge the claim or they may do nothing. In the event that the debt is not disputed then you are able to apply for a Judgment in default. Judgment is usually granted within 14 days from the request being received if it is sent by mail to the Court
The sum detailed below is the sum charged by us when entering Judgment on your behalf
| Judgment value exceeds £25 but does not exceed £5,000 | Judgment value exceeds £5,000 | |
| Where judgment in default of an acknowledgment of service is entered under rule 12.4(1) (entry of judgment by request on claim for money only) | £30 | £50 |
| Where judgment in default of a defence is entered under rule 12.4(1) (entry of judgment by request on claim for money only) | £30 | £50 |
| Where judgment is entered under rule 14.4 (judgment on admission), or rule 14.5 (judgment on admission of part of claim) and claimant accepts the defendant’s proposal as to the manner of payment | £40 | £60 |
| Where judgment is entered under rule 14.4 (judgment on admission), or rule 14.5 (judgment on admission of part of claim) and court decides the date or time of payment | £60 | £80 |
| Where summary judgment is given under Part 24 or the court strikes out a defence under rule 3.4(2)(a), in either case, on application by a party | Hourly rate (£175 is recoverable from Defendant) | Hourly rate (£210 is recoverable from Defendant) |
Miscellaneous fees- including general applications
Applications issued;
| On notice where no other fee is specified | 321 |
| To set aside a County Court Judgment | 321 |
| By consent and where no other fee is specified | 126 |
| To vary a Judgment, suspend enforcement or a warrant of possession | 16 |
| For a summons or order requiring a witness to attend court | 4 |
| For a certificate of satisfaction of a Judgment debt | 19 |
| For an adjournment (by consent) if made at least 14 days prior to a hearing | No fee |
| For an adjournment (by consent) if made less than 14 days prior to a hearing | 126 |
| For an adjournment (without consent) if made less than 14 days prior to a hearing | 321 |
Late payment of commercial debts
If you are owed a debt in relation to a commercial transaction you are entitled under the Late Payment of Commercial Debts (Interest) Act 1998 to statutory interest at 8% above the Bank of England base rate, and to fixed compensation as follows:
| Value of claim | Compensation entitlement |
| Less than £1,000 | £40 |
| £1,000 to £9,999.99 | £70 |
| £10,000 or more | £100 |
Stage 3. Enforcement & Recovery
Once a Judgment has been obtained and if the debtor does not pay the sum ordered to be paid, you may choose to enforce the Judgment by using a variety of methods. Our charges are detailed below. Fixed costs allowable by the Court, which are recoverable from the debtor, are listed for your information. Our fee is the amount charged to you if instructed to carry out any enforcement on your behalf.
| Description | Court fee | Fixed Costs | Our fee |
| Writ of Control (fifa) & Writ of Execution (High Court) | £66 £90 for HCEO if warrant unsuccessful) | £51.75 | 75 |
| Warrant of Execution (control) | £110 | £2.25 | 75 |
| Attachment of Earnings | £110 | discretionary | 100 |
| Information Order | £110 | £100 | 200 |
| Third Party Debt Order | £110 | £100 | 250 |
| Application to re-issue Warrant/fi fa | £0 | £50 | 100 |
PLEASE NOTE: court fees and fixed costs are set by the government and may change at any time, including while your claim is ongoing. You are liable for any increase in court fee in this regard.
Writ of Control (fifa) & Writ of Execution (High Court) - This is a process which can be productive if you are aware of any assets of the debtor. The High Court Enforcement Officer (HCEO) will attempt to seize assets to the value of your claim and costs incurred by the HCEO. The HCEO may agree a repayment programme if the debtor has insufficient assets to pay the debt. Typically this type of enforcement can take between 6 to 12 weeks from receiving instructions from you.
Warrant of Execution- This process and timescale is the same as a Writ of control but carried out by a County Court Bailiff.
Attachment of Earnings- This is a process whereby the Court can order an employer of the debtor to make deductions out of the debtor’s salary at source. The process can take 4 to 10 weeks depending on whether the debtor co-operates with the Court in providing information requested or whether the debtor changes his employment during the process of the application.
Information Order- This is a process whereby a debtor is ordered to attend court for questioning on his assets and liabilities and ability to pay the debt. The debtor may evade service of the documentation which means that a process server may be required to effect service. This will incur a further fee for service.
Third Party Debt Order- If you are aware that the debtor is owed money by another you can ask the Court to order that the payment comes to you instead of the debtor. Typically this process takes 2 to 6 weeks from issue.
Charging order- You can ask the Court to place a charge upon a property owned by the debtor which property could also include a pension or stocks and shares. The application is made without notice and, if the Court is satisfied that the property should be charged, it will grant an interim order which is then registered against the property. The fees charged are as follows
| Description | Court Fee | Fixed costs | Our fee |
| Issue Fee | £110 | ||
| Office Copies & Plan | £6 | ||
| Registration fee at HMLR | £20 | 20 | |
| Fixed costs | £110 | 250 |
Order for Sale - This process is the enforcement of the Charging Order obtained. If a debtor does not pay the debt, you can apply to the Court for an Order that the property charged is sold to pay the debt. An initial investigation fee of £375 plus VAT is charged or if we receive bulk instructions, this is limited to £250 plus VAT. Once you decide to pursue this application our fee is charged at the hourly rate of £201 plus VAT. We always seek to obtain an order that the debtor pays all of the costs incurred which are payable out of the proceeds of any sale. The disbursements incurred in pursuing this claim which will include VAT are as follows
| Description | Disbursements |
| Issue Fee | £308 |
| Office Copies & Plan | £6 |
| Registration fee at HMLR | £20 |
| Drive by valuation | £35 |
| Agents fee for attending the hearing | £135 |
| Warrant of Possession | 121 |
For a quote tailored to your matter, call 01482 228808.
The key stages
- Review your paperwork and send a letter before action to the debtor
Typical timescale: about a week to review and send the letter. The debtor is then given time to respond: at least 30 days for an individual or sole trader, and usually 14 days for a company. - If the debt remains unpaid, issue a claim in the county court
Typical timescale: about a week to prepare and issue the claim. The debtor then has 14 days from service to respond, or 28 days if they acknowledge the claim. - Obtain judgment (in default, or after a hearing if the claim is defended)
Typical timescale: judgment in default can usually be requested as soon as the response period ends. A defended claim can take several months to reach a hearing. - Where the debtor still does not pay, advise on and take enforcement action
Typical timescale: depends on the method: a writ or warrant of control usually takes six to twelve weeks, an attachment of earnings order four to ten weeks, and a third party debt order two to six weeks.
What is not included
These charges assume the debt is undisputed. If the debtor defends the claim, the matter becomes contested litigation and we will give you a separate estimate before continuing. Court issue fees and enforcement fees are disbursements payable in addition to our charges; they scale with the amount owed and are usually recoverable from the debtor, along with interest and, in many cases, fixed costs.
Who will do the work
Commercial debt recovery is carried out under the supervision of Director Dennis Brewer.
Supervision
- Dennis Brewer, Director, Solicitor. Qualified as a solicitor in 1978. Advises businesses on commercial matters and supervises the firm's commercial work.
The team
- Paul Smith, Conveyancer, commercial team. More than 10 years in solicitors' practices in Hull. Works with Dennis Brewer on commercial matters.
We will confirm who is handling your matter, and who supervises them, when you instruct us.
From our specialistWe price debt recovery so it always makes commercial sense. You decide at each stage how far to go, with the cost of the next step set out in advance.”
See all our fees
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Call 01482 228808 or request a callback for a quote tailored to your debt.
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