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24 July 2008  Home | Legal 500 | Links |

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Debt Recovery & Insolvency


We are a specialised team within the litigation department at Wake Smith solicitors. We have over 15 years experience in recovering debts which has helped us to form an efficient system of working. Our aim is to provide an efficient and economical service whilst maintaining a friendly and personal approach to our clients.

If you have troublesome clients who don’t pay on time, or do not pay at all, we will be able to help you. The quicker you take debt recovery action, the higher your chances of recovery.

What we do

Pre-Legal

  • “Letters Before Action” – this will demand payment in full within 7 days.
  • “Monitoring instalments” - we will monitor instalment payments for you if you agree an instalment plan with the debtor

Court proceedings

Don’t worry if you don’t have any knowledge of the court system, we will advise you at every stage and keep you informed of the progress of your case.

  • Issuing - we will draft proceedings and arrange for them to be issued and served by our local Court. We will also calculate the interest amount that you are entitled to recover.
  • Judgment and Enforcement - once we have obtained Judgment we can look to enforce it against the debtor and recover your money.

Here are three of the options available;

    (1) Bailiff/Sheriff - a County Court Bailiff or High Court Enforcement Officer will be instructed to attend the debtor’s premises to try to extract payment or remove the goods to the value of the debt owed.

    (2) Attachment of Earnings – if the debtor is in employment we can obtain an order for instalments to be taken directly from his or her wage.

    (3) Charging Orders - if the debtor owns property we can obtain a charge over it.

  • Defended Litigation - If your debt becomes defended, we can transfer your matter to one of our experienced colleagues in the litigation team.

    Please note that the above is only a basic overview of what we do. If you think you have a more complex matter, please do contact us to discuss the case, as we have experience in all areas of debt recovery including insolvency and overseas debts.

How much will it cost?

  • Letter Before Action - If we do not recover the debt on the letter before action, this letter is free. If we do recover the debt the charge will be either £20 (+VAT) or 2% of the amount recovered.
  • Issuing a Claim - You will initially be asked to pay the court fee and costs involved in issuing a claim and enforcing a judgment. However these are added to the debt and are recoverable from the debtor.
  • Once we have issued the claim, our fee increases to 3% of the amount recovered.

To discuss our services in more detail, please call Louisa Kearns or Jane Marsden on 0114 266 6660 or email louisa.kearns@wake-smith.com

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