Windsor, London & across England & Wales
Practical help to recover the money you are owed, from a letter before action through to court proceedings and enforcement. Clear advice, agreed fees, and a solicitor who explains exactly where you stand.
✓ Authorised & regulated by the SRA ✓ Free initial call ✓ Fixed-fee & hourly options ✓ Commercial & consumer
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When money you are owed goes unpaid, it can strain your cash flow, hold up your plans and put a working relationship under real pressure. Our debt recovery solicitors help businesses and individuals across England and Wales recover what they are owed, at every stage, from a first reminder and letter before action through to court proceedings, a County Court Judgment and enforcement.
Whether the debt is disputed or simply unpaid, you will have an experienced solicitor who explains your options in plain English, agrees how we will charge before we start, and takes a measured, proportionate approach designed to get you paid while protecting your position.
A clear letter before action that sets out the debt, any interest and costs, and a deadline to pay, often prompting settlement without the need for court.
Issuing a claim in the County Court and, where the debt is not paid or successfully defended, obtaining a County Court Judgment against the debtor.
Turning a judgment into payment through enforcement agents, attachment of earnings, charging orders and other remedies the court allows.
Using statutory demands, winding-up petitions and bankruptcy applications where they are the right route to recover an undisputed debt.
Advice where a debtor contests the debt or raises a defence, with a straight view of the realistic options, the likely cost and the risks.
Reaching a sensible settlement or payment plan where that recovers your money more quickly and at lower cost than contested litigation.
Recovering business to business debts under your contract terms, with statutory interest and fixed costs claimed where the law allows.
Handling debts owed by individuals in line with the additional rules and protections that apply to consumer debt recovery.
Tell us about the debt and we will explain your options and the likely cost. Free initial call, no obligation.
Debt recovery law is the set of legal rules and court procedures that let a creditor, meaning a person or business who is owed money, pursue payment when a debtor has not paid what is due under a contract or other agreement. In England and Wales it draws on several areas of law and on the rules that govern how the courts deal with money claims. The frameworks that most often apply include the Late Payment of Commercial Debts (Interest) Act 1998, which allows businesses to claim interest and fixed compensation on late commercial payments; the Consumer Credit Act 1974, which regulates many credit agreements with individuals and affects how consumer debts can be pursued; the County Courts Act 1984 and the Civil Procedure Rules, under which claims for unpaid debts are brought and managed; and the Insolvency Act 1986, which governs winding-up and bankruptcy where a debtor cannot pay. Solicitors carrying out debt recovery work also follow the Solicitors Regulation Authority’s rules, which are there to keep the process fair and transparent for everyone involved.
Many debts are paid after a simple reminder, but some are not, and that is usually the point to take advice. It is worth speaking to a debt recovery solicitor when a debtor ignores your reminders and requests to settle, when commercial invoices remain unpaid despite your own attempts to chase them, when the debtor disputes the debt or raises a defence, or when you need to move matters on to formal court proceedings or enforcement. Taking advice early tends to improve the prospects of recovery and can help protect a commercial relationship you would rather keep. It also means you understand the likely cost and the realistic options before you commit to a particular route, whether that is a firmly worded letter, a court claim, or an insolvency step. For higher value or complex disputes in particular, early legal intervention can improve the prospects of a sensible outcome.
Before court proceedings are issued, the courts expect the parties to try to resolve the matter. The main tool at this stage is a letter before action, sometimes called a letter before claim, which sets out who owes what, the amount of the debt, any interest and costs being claimed, and a deadline to pay or respond, commonly around 14 to 30 days. For debts owed by individuals and sole traders, the Pre-Action Protocol for Debt Claims sets specific requirements, including the information that must be provided and longer periods to respond. A clear, correctly prepared letter before action often produces payment or a sensible proposal without the need for a claim, and it puts you in a stronger position on costs if court proceedings do become necessary.
If the debt is still not paid, your solicitor can issue a claim in the County Court. The claim form sets out the amount owed and the basis of the claim, with the supporting documents, and the debtor is usually given 14 days to respond. How the case then proceeds depends mainly on the value and complexity of the dispute. Claims are allocated to one of three tracks: the small claims track for most lower value claims, the fast track for many mid value claims, and the multi track for higher value or more complex matters. The track affects the procedure, the timetable and the costs that can be recovered, and we explain what allocation is likely to mean for your case before you commit to issuing.
If the court decides in your favour, either because the debtor does not respond in time or after the case has been considered, it can enter a County Court Judgment, usually shortened to CCJ. A CCJ is a formal court order requiring the debtor to pay, whether in full or by instalments. Where a debtor ignores a properly served claim, judgment can often be entered in default without a hearing. A CCJ is an important step, and it can affect the debtor’s credit record, but on its own it does not put money into your account. If the debtor still does not pay once judgment has been entered, the next stage is to enforce it.
Enforcement is the process of turning a judgment into actual payment, and there are several routes, which can sometimes be combined. Enforcement agents, once known as bailiffs, can be instructed to take control of the debtor’s goods. An attachment of earnings order can require deductions to be made from an employed debtor’s wages. A charging order can secure the debt against property the debtor owns, so that it is paid when the property is sold or refinanced, and a third party debt order can freeze and take funds held in the debtor’s bank account. In company cases, and for undisputed debts above the statutory threshold, insolvency routes may also be available. We advise on which method, or combination of methods, is most likely to recover your money in a proportionate way, taking account of what is known about the debtor’s circumstances.
Where a debt is clear and undisputed, insolvency procedures can be an effective way to prompt payment. A statutory demand is a formal written demand which, if it is neither met nor set aside, can be followed by a winding-up petition against a company or a bankruptcy petition against an individual. These are serious steps with strict rules and significant consequences, and they are not appropriate where the debt is genuinely disputed. Used correctly and in the right case, though, they can be a valuable part of a recovery strategy. We will tell you honestly whether an insolvency route is suitable for your situation, what it is likely to involve, and how it compares with the ordinary court process.
It matters whether a debt is commercial or consumer, because different rules apply. Commercial debt, owed between businesses, is governed mainly by the contract between the parties and by commercial law, and businesses can often claim statutory interest and fixed compensation on late payment. Consumer debt, owed by an individual, is subject to greater regulatory protection, including the Consumer Credit Act 1974 and guidance from the Financial Conduct Authority, and there are stricter requirements about how such debts are pursued. Getting this distinction right from the outset affects the correct procedure, the pre-action steps and the way any contact is handled. If your matter involves a consumer debt, we will guide you through the specific requirements that apply. If you are a business recovering a commercial or B2B debt, see our dedicated commercial debt recovery service.
As a creditor, you generally have the right to claim the debt itself, to claim interest and, in commercial cases, fixed costs under the relevant statutory provisions, to pursue a court claim where pre-action steps do not resolve matters, and to enforce a judgment through the mechanisms the court allows. Debtors have protections too. They are entitled not to be harassed or pressured by unfair demands, and they can dispute the validity or the amount of a debt before it proceeds. A responsible approach respects both sides, and we make sure that every step we take on your behalf is fair, proportionate and in line with professional conduct standards, which also protects you and your reputation.
There is a time limit for bringing a claim, and missing it can mean losing the right to recover the debt altogether. Under the Limitation Act 1980, most claims for a simple contractual debt in England and Wales must be brought within six years of the date the debt became due. For debts created by deed, the period is generally twelve years. Certain events, such as the debtor acknowledging the debt in writing or making a part payment, can restart the clock. Because the position can turn on the detail, it is sensible to take advice in good time rather than risk a limitation argument being raised against you later.
A debt collection agency can chase a debt at the pre-action stage, but there are things only a solicitor can do. A solicitor can issue and manage court proceedings, obtain and enforce judgments through the court, and advise on insolvency and other formal remedies. In contested or complex matters in particular, that authority and experience can make a real difference to the prospect of recovery. Because we are regulated by the Solicitors Regulation Authority, we also work to clear ethical and regulatory standards, which protects both you and your relationship with the other party. We will always be straight with you about the likely cost, the risks and the realistic outcomes before you decide how to proceed.
You need to know where you stand on cost before you chase a debt, so we are upfront from the first call. For well-defined steps such as a letter before action we can often agree a fixed fee, and for court proceedings and enforcement, where the work is harder to predict, we explain the basis of our charges and give you an estimate before we act. We will also tell you what costs and interest may be recoverable from the debtor, and what is not, so your decision is a properly informed one.
We are a private firm; all debt recovery work is privately funded.
Book a free initial call or a consultation, and we will explain your options and what comes next. No obligation.
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