Debt Recovery Service

We offer a full debt recovery service for both individuals and businesses. We pride ourselves on our commercial approach, and focus on the recovery prospects in each case to provide clients with tailored advice. Did you know that the law allows a claim for “reasonable recovery costs” when we pursue a commercial debt? This can mean that we recover our fees in full from the debtor for the work that we carry out for you to recover your debt. At the early stage this will often take no more than us issuing a “7 day letter”.  In certain circumstances this may be through service of a “Statutory Demand” for payment.

Where there is no alternative to litigation, we work with clients to find a cost-effective way for them to use the courts. For example, we can advise on how using us to pursue small value “Simple Procedure” cases can be configured to work. We are always happy to discuss rates and feeing arrangements in an attempt to assist recoveries for smaller amounts in particular.

Often, background research combined with credit profiling can prove cost-effective, if it means that a fully informed decision on whether or not to sue can be made at the outset. Clients need to be aware of the important changes to the law introduced by the Debt Arrangement and Attachment (Scotland) Act 2002. In particular, it may be important to carry out a search of the Debt Arrangement Scheme Register before deciding on whether or not to litigate. We will carry out checks in this Register and also in the Register of Insolvencies on a client's behalf.

Clients may wish to issue their own “7 day letters” before passing a claim to us. If so, we can advise on the content of the letter. If we are called on for further assistance, our objective is always to identify and take the swiftest and most focused action to attempt recovery of the debt. In certain circumstances this may be through service of a “Statutory Demand” for payment; more often it is to raise court action. Advice is given on the appropriateness of seeking pre-decree (judgment) security such as Inhibition, Interim Attachment and Arrestment. Although such applications now need to be made by hearing before the court, they can give huge tactical advantage to a creditor when granted.

For commercial debts we seek recovery of interest at the client’s contracted rate or 8% over the Bank of

England Base Rate, this being the current rate under the Late Payment of Commercial Debts (Interest) Act 1998. In addition, the 1998 Act provides for recovery of statutory compensation as follows:-

 
-       £40.00 per overdue account up to £999.00

-       £70.00 per overdue account between £1,000.00 and £9,999.00

-       £100.00 per overdue account of £10,000.00 or over

It is also possible to recover reasonable debt recovery costs, which exceed these amounts and that will typically be the case when a solicitor is instructed. We are always happy to discuss debt recovery enquiries at the earliest stage. Please contact Mark Harrison on 0131 202 6363 or email direct to mark.harrison@flexlaw.co.uk.


We have a number of services we offer within the Debt Recovery Service category, we have listed this below. Please follow the link for each service to view in more detail.

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