Debt
Recovery

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At Fairweather Law, we understand how stressful and disruptive unpaid debts can be for your business or personal finances.

Our dedicated team offers a comprehensive, pragmatic approach to recovering what you are owed – so you can focus on what matters most.

Our debt recovery service is designed for claims up to £100,000 and is tailored to suit both businesses and individuals.

Every claim is unique, but our process typically follows these steps:

  • Personal Consultation: We start by listening to your story, reviewing your documentation, and understanding your goals.
  • Thorough Investigation: We undertake the necessary searches to ensure we have all the facts.
  • Assertive Communication: We send a letter of claim to the debtor, clearly outlining the debt and requesting payment in line with the latest legal protocols.
  • Swift Action: If payment isn’t received, we draft and issue court proceedings on your behalf.
  • Judgment and Enforcement: Should the debtor fail to respond, we apply for a default judgment and take further steps to secure your payment.
  • Ongoing Support: If the claim is defended, we provide clear advice on your options and the likely costs involved.

What makes Fairweather Law special?

Free initial consultation

Free initial 30-minute phone consultation for both businesses and individual clients. Our legal team will discuss your needs and guide you in the right direction from the very start of our relationship.

Local to you

With offices throughout Suffolk, extending into Norfolk, and an expanding client base in the London area, we are confident in our ability to provide you with the highest standard legal advice, no matter your location.

No nonsense

We take pride in providing clear, straightforward advice without overwhelming you with unnecessary legal jargon. Our personalised approach and our ability to put you at ease, ensures a positive outcome.

Reputation

Our clients receive outstanding service, building continuing relationships that ensure they and our business partners return to us repeatedly for their legal needs.

Value

Our legal fees are tailored to the local market, we regularly monitor our rates compared to larger organisations. Being a relatively small firm ensures that our rates remain competitive.

Transparent & Competitive Fees

We believe in upfront, transparent pricing. As a general rule, our charges for all types of litigation and contentious work are calculated by reference to the amount of time we spend on the matter. Given the nature of such work, we do not normally work on a fixed fee, “no win-no fee”, or similar costs basis.

We charge for time in six-minute units. The current hourly rate which we apply to litigation and contentious work, including all types of debt recovery, ranges between £250 to £300 plus VAT depending on the level of fee earner involved in the matter. However, please contact us to explore whether the facts of your particular case mean that we are able to offer a reduced fee rate for any tasks which you would like us to carry out.

For preparing a ‘letter of claim’, our fees are typically in the region of £250 to £500 plus VAT. The letter of claim sets out the nature of the debt and includes a demand for payment. The letter will need to comply with the “Practice Direction – Pre-Action Conduct and Protocols”, and possibly also the “Pre-Action Protocol on Debt Claims” if the claim is by a business against an individual.

Our fees for drafting and issuing Court proceedings are typically in the region of £750 to £1,000 plus VAT (plus the Court claim issue fee – see below). In more complex cases, it may be appropriate to instruct a barrister to draft the proceedings.

Our costs thereafter will depend very much on the stance taken by the debtor, and whether they defend the claim. Such costs will be calculated by reference to the time we spend on the case. We will do our best, however, to provide you with an estimate of the overall costs going forward once we know what stance the debtor is taking.

Disbursements

In addition to our fees, you may need to pay other fees when bringing or defending a claim, such as Court fees and barrister’s fees. When issuing a claim for money, the Court claim issue fee is based on the amount of the claim. For claims up to £10,000, the Court issue fee is based on a sliding scale of fixed fees. For claims above £10,000 and up to £200,000, the issue fee is based on a % of the value of the claim (usually 5%). Please note that interest and compensation may take the debt into a higher banding, with a higher cost. Further details of the current Court fees which apply may be found on the HM Courts & Tribunals Service website.

Barrister’s fees are usually calculated on an hourly basis and will depend on the level of barrister chosen and the work that is involved.

Note that additional costs will also apply if enforcement action is needed to recover a debt, such as the costs of instructing a bailiff.

VAT

Our fees are subject to VAT, which is currently charged at 20%. No VAT is currently payable on Court fees, but VAT is likely to be chargeable on all other disbursements. Please note that the VAT element on our fees and on any disbursements cannot be reclaimed from your debtor if you are VAT registered.

Timescale

Most straightforward cases are resolved within 8–12 weeks, though complex or defended claims may take longer. We keep you informed at every stage and provide realistic timelines.

Recovery of costs

For claims with a value up to £10,000 the general rule is that each side bears their own legal costs (although this rule may sometimes be displaced if there is a contractual right to recover costs). This means that even if you win, you cannot normally get your legal costs back. In most other cases, the general rule is that the losing party pays the winning party’s costs. However, it is rare that a party obtains full recovery. Most claims of up to £100,000 in value are likely to fall within the fixed costs regime, which limits the amount that can be recovered from the losing party. Further, an award of costs is always in the discretion of the Court.

Practical considerations

Litigation always carries risks, and success can never be guaranteed. If your claim is unsuccessful, you may have to pay some or all of your opponent’s legal costs. Courts can also order payment of costs during the case, and failure to pay may prevent you from continuing your claim.

To help manage these risks, you may be able to obtain “After the Event” insurance or third-party funding – please contact us for more details.

Furthermore, before starting a claim, check if you have legal expenses insurance (sometimes called “Before the Event” insurance), which may cover your legal costs. Insurers may require you to use their approved solicitors, so it’s important to check before instructing us. You might also be eligible for legal support through a trade union or other organisation, and free advice is available from your local Citizens Advice Bureau.

Debt Recovery
FAQs

Do I need a contract to pursue a debt recovery claim?
While having a written contract strengthens your case, you can still pursue claims based on verbal agreements or other supporting evidence, such as emails, invoices, or proof of services rendered.
If the debtor is unable to pay, we can help you explore options such as negotiating a payment plan or settlement. If there are no assets or the debtor is insolvent, recovery may not be possible, but we’ll always advise you on the best way forward.
Yes, you can usually claim interest and reasonable expenses. If your contract doesn’t specify, statutory interest (currently 8% above the Bank of England base rate) may apply. We’ll include all eligible amounts in your claim.

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