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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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i wish to pursue a legal debt of £28k from a client whose debt

Customer Question

i wish to pursue a legal debt of £28k from a client whose debt has been outstanding for 10 months(April 2013).Promises every month since then.I have text messages promising payments,all to no avail.What would be my first steps to legal recovery of this debt ??
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask how the debt was incurred - e.g. what type of debt is it (a debt for business services, rent for premises etc?)

JACUSTOMER-peo5efco- :

Bussiness

Joshua :

Thanks. Is the business supply of goods or services? Has the debt been accepted or acknowledge in any written form?

JACUSTOMER-peo5efco- :

services,text confirm that they will pay.

Joshua :

Thanks. There are two principle approaches you can consider. The first is considering using a debt collection agent to assist you under the Late Payment regulations which enables you to charge much of the agents fees to the debtor as well as interest. A debt collection agent can assist you with the collection process though they will typically take a cut of any monies recovered.Alternatively you may be able to sell the debt to a debt collection company though they would only pay at most a percentage of the debt.

JACUSTOMER-peo5efco- :

What would the normall proceed

Joshua :

There is useful information here on your rights to claim costs and interest for late commercial payments:

Joshua :

https://www.gov.uk/late-commercial-payments-interest-debt-recovery/when-payment-becomes-late

Joshua :

Alternatively you could consider taking action yourself through the county court as follows...

JACUSTOMER-peo5efco- :

what would the normall proceedure be to recover debt through the courts.

Joshua :

Would you excuse me for a moment - I have just had to take a brief phonecall

JACUSTOMER-peo5efco- :

would i have to do this through solictors?

Joshua :

My apologies for the delay in reverting to you. If you wish to take action yourself you can issue proceedings in the County Court. You can either issue proceedings yourself or you can ask solicitors to assist you with this.

Joshua :

The claim would be allocated to the fast track which allows recovery of fixed legal costs in terms of solicitors.

Joshua :

The simplest way to issue proceedings is by using the courts online issuing process www.moneyclaim.gov.uk

JACUSTOMER-peo5efco- :

any idea of legal costs from start to finish ??

Joshua :

Sure. It would cost £245 to issue proceedings (£210 if issuing online)

JACUSTOMER-peo5efco- :

is costs this through solicitors???

Joshua :

I'm so sorry that phone call went on much longer than I anticipated. I am back now.

Joshua :

So costs - It would cost £245 to issue proceedings (£210 if issuing online)
£220 as an allocation fee
£325 as a hearing fee as court costs

Joshua :

If you decide to use a solicitor there are their fees on top of this which can be recovered subject to limits.

Joshua :

If you are successful you can recover costs from the other party.

Joshua :

If the other party has admitted the debt and you have written evidence of this you may be able to obtain summary judgement rather than go to a hearing.

Joshua :

There are a variety of enforcement methods you can employ against the other party after you obtain judgement such as seizing goods, seizing money from bank account charges on property taking income and so on.

Joshua :

Solicitors costs if you decide to use solicitors could be anything from £500-£5000 depending upon the amount of work involved. On the basis you have clear evidence as above the fees should ideally lie below £2000 + VAT.

Joshua :

Is there anything above I can clarify for you any further?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

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