Debt Recovery

Unpaid debts aren’t just a nuisance, they also impact your cashflow. At Robertsons Solicitors, we know that unpaid debt can put the brakes on your business development, cause uncertainty in your team and even harm your reputation. That’s why any business needs to have a legal partner with a demonstrable ability to recover debt. Understanding the legal complications of business debt doesn’t just resolve existing problems, it gives our clients the chance to reduce their debt exposure and to benefit from better debt management structures across the business.

Powerful and effective debt recovery record

Speed and efficiency are vital to achieving the maximum results in this complex and often highly divisive field. We have powerful and effective debt recovery tools and mechanisms such as pre-legal negotiations balanced by cost effective legal action, that allow us to help our clients increase the net collections from their varied business debt profiles.

Where necessary, we call upon our commercial litigation specialists to advise on business debt recovery through all available legal channels. Tailored case management also means that we are able to offer our clients rapid updates on demanding cases.

The majority of our debt is collected without the need to make a court application, or if we do, without it being defended.  This means that our robust processes could ensure your money is paid in under 8 weeks.  

If you have other litigation matters that you need assistance with, please see our commercial litigation page.

Our debt recovery work is undertaken by Luke Hallinan and William Baird who together have over 30 years qualified experience.

Luke Hallinan - Luke qualified in 1989 and has been a civil litigator throughout his legal career.  He has acted for multi-national companies and over the years has become well known in his field.  His litigation ranges from property disputes to personal injury matters.  He created the debt recovery department over 15 years ago and it has grown from strength to strength.

William Baird - William qualified at Robertsons in 2020 and, by working closely with Luke Hallinan, has gained an extensive experience in civil and debt recovery matters. His negotiation skills in debt matters bring excellent results and his ability to deal with matters in a swift and efficient way has been praised by his clients.

These costs apply where your claim is in relation to an unpaid invoice (whether by another business or a consumer) which is not disputed.

If the other party disputes your claim at any point, we will discuss any further work required and provide you with revised advice about costs if necessary, which could be on a fixed fee (eg if a one-off letter is required), or an hourly rate if more extensive work is needed.

Our fees below attract VAT at the prevailing rate of 20%.

Stage One – Letter Before Action

This is the initial stage that could see your debt being recovered with immediate effect.  We will write to the debtor demanding immediate payment.  The process is slightly different depending on whether we are writing to a business or individual as there are different legal protocols to follow.  However, we find that these letters often have the desired effect in obtaining your payment.

If you are claiming against another business, you are also able to claim compensation under the Late Payment of Commercial Debts (Interest) Act 1998 which means that you are entitled to recover between £40 to £100 depending on the size of the debt.  There is also the possibility of recovering other reasonable charges which we shall discuss with you.

The cost of dealing with Stage 1 is:

Debt value Our fee
Up to £5,000 £85 + VAT
£5,001–£10,000 £120 + VAT
£10,001 + £180 + VAT

These fees include:

  • taking your instructions and reviewing documentation;
  • undertaking appropriate searches;
  • sending a letter before action;
  • receiving payment and sending onto you.

Stage Two – Issuing a Claim

If the debtor fails to pay within the time scale given, we can make an application to the court.  The debtor is then required to respond to the court or settle the debt within 14 days.  If they don’t, you can obtain a judgment for the monies owed.

The cost of making a court application under Stage 2 is:

Debt value Court fee Our fee
Up to £5,000 £25 - £205

(depending on the claim value)

£275 + VAT
£5,001–£10,000 £410 - £455 £450 + VAT
£10,001—£100,000 5% value of the claim 5.5% of the claim + VAT

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;
  • the costs quoted above are not for matters where enforcement action, such as the bailiff, is needed to collect your debt.

These fees include:

  • drafting and issuing the claim;
  • where no Acknowledgement of Service or Defence is received, applying to the court to enter Judgement in default;
  • when Judgement in default is received, write to the other side to request payment;
  • if payment is not received within 14 days, providing you with advice on next steps and likely costs.

Work not included in Stage 2 fees

If the person that owes you the money defends the claim or makes an application against you in response, there will be further fees to pay.  We will advise you on an estimate of our fees before undertaking any work.

If you have obtained a judgment for the monies owed, but you don’t receive payment, you will have the ability to enforce the debt.  Our fees above don't include us undertaking enforcement proceedings.  If enforcement proceedings are required, we shall discuss these fees with you.

Time Scale

Matters usually take 4 - 10 weeks from receipt of instructions from you to receipt of payment from the other side, depending on whether or not it is necessary to issue a claim. This is on the basis that the other side pays promptly on receipt of Judgement in default. If enforcement action is needed, the matter will take longer to resolve.

Our Expert Team

Our expertise is how we maintain our strong reputation as a law firm.

Meet The Debt Recovery Team