Debt Recovery Solicitors

Identify the contracting party rather than relying only on a trading name. Assemble the agreement, invoices, delivery or service records, due dates, payments and credits. Separate the principal sum from interest or additional charges, each of which needs a lawful basis.

An individual creditor, a business creditor and a company debtor do not necessarily use the same pre-action route. If the debtor disputes quality, performance or the amount, address the substance rather than treating the account as automatically admitted.

• Contract disputes

The Debt Claims Protocol applies to a business, including a sole trader or public body, claiming a debt from an individual, including a sole trader. It does not generally apply to business-to-business debts unless the debtor is a sole trader; other specific protocols may govern.

For a claim within its scope, the letter of claim includes prescribed information and reply material. The initial response period is 30 days; document requests, debt advice and repayment discussions can require further time or steps. Do not substitute a generic short demand.

Outside that protocol, identify any applicable specialist protocol or the general Pre-Action Conduct direction. A proportionate exchange should explain the claim, identify disputed points and consider resolution.

• Pre-Action Protocol for Debt Claims
• Pre-action conduct and protocols

Check when the right to payment arose and the applicable limitation rules before allowing correspondence to continue. A qualifying acknowledgment or part payment can affect some current periods, subject to statutory formalities; it does not revive a right already barred under the Limitation Act.

A repayment proposal should address the balance, instalments and treatment of existing proceedings. Where a debt is protected by breathing space, restrictions on contact, recovery and enforcement need checking. Breathing space is not a cancellation of the debt.

• Limitation Act: simple contract
• Limitation Act: acknowledgment and part payment
• Limitation Act: acknowledgment formalities
• GOV.UK: breathing-space creditor duties

A money claim requires the appropriate court procedure, accurate particulars and proper service. If a defence is filed, the issues normally need determination or settlement under the applicable process. Failing to answer a demand letter is not enough for default judgment.

Part 12 requires the relevant response time to have expired and the conditions to be satisfied when judgment is entered. Defences, certain outstanding applications, payment and other exclusions can prevent default judgment. Part 8 claims are excluded. A default judgment can also be set aside under Part 13 where its requirements are met.

• GOV.UK: money claims
• CPR Part 12: default judgment
• CPR Part 13: setting aside default judgment
• Civil litigation procedure

If payment is not made under a judgment, possible enforcement routes include taking control of goods, attachment of earnings, a third-party debt order or a charging order, depending on the debtor and assets. Each has conditions and costs; an order does not guarantee available money or priority over other creditors.

Insolvency proceedings are different from a claim determining a debt. A winding-up petition concerns a company unable to pay its debts and can lead to liquidation rather than full payment to one creditor. Do not use it as routine pressure over genuinely disputed liability; obtain advice on the statutory conditions and risks.

• GOV.UK: enforcing a judgment
• GOV.UK: winding up a debtor company

Compare the sum sought, strength of evidence, likely response, enforcement prospects and expenditure. Your own charges, court fees and any recoverable costs are different figures. Track-specific and fixed-cost rules may limit recovery even if the claim succeeds.

Ask Highfin to confirm the proposed work and current charging terms. Historical debt-cost examples are not adopted as current fees here. Use the published contact details especially if a court deadline is approaching.

The linked pricing information sets out published charges and identifies details that still need confirmation. It is not a complete quotation for your matter: agree the work covered, external costs and timing before instruction.

• CPR Part 44: costs
• CPR Part 45: fixed costs
• Business disputes
• Contact Highfin
• Business debt collection costs and stage qualifications