The Connell Approach

 

Connell Associates Solicitors LLP understands that recovery of debt is an area of practice that benefits from ongoing consultancy in as much as legal advice and we are happy to advise clients both pre-and post-action.

 

The firm provides expert legal assistance and swift pre-emptive action, facilitating the recovery of sums both large and small. We are a decisive, professional and goal-orientated.

 

Many years experience within both the corporate and SME sectors is further realised to clients via solicitors personally available and responsive to your case.

 

COSTS

 

Below sets out the pricing guidance for debt recovery for businesses where:

• The debt is owed by another business, based in the UK
• The debt is undisputed, and
• The debt amount is less than £100,000.00

 

Legal Fees

 

Where we are instructed by a business in relation to a debt recovery action against another business then our typical fees (if fixed fees apply) will range from £750.00 to £1,300.00 from initial letter before claim through to satisfaction of a money Judgement.

 

This price does not include VAT (currently at 20%) which will be added to the invoice, nor does it include any associated disbursements (see below).

 

If fixed fees do not apply, then our fees in relation to a debt recovery action against another business will be based on a range of hourly rate between £250.00 per hour – £325.00 per hour. The applicable hourly rate will depend on a number of factors including the complexity of your matter (which impacts on the qualifications and experience of those dealing with it).

 

Our fixed fee range above assumes that:

• The debtor is a UK based business
• The debtor’s location is known and does not need to be traced
• The debt can be evidenced in writing (for example an invoice or email chain)
• The debt is for a fixed amount
• The debt has fallen due
• The debt is not disputed, and
• The matter does not proceed to contested action or enforcement proceedings

 

What is included in the fixed fee:

• Taking your instructions and reviewing documentation
• Undertaking appropriate searches
• Sending a letter before claim
• Receiving payment and onwards transmission onto you
• If payment is not received within the timescale allowed in the letter before claim, providing you with advice on next steps and likely costs

 

Disbursements

 

In the typical fixed fee matter, disbursements are costs related to your matter that are payable to third parties such as court fees and do not make up our legal fee. We handle the payment of the disbursements on your behalf to ensure a smoother process.

 

Disbursements will vary from matter to matter but in a typical matter we would expect to see some of the following:

• Court fees
• Counsel fees
• Process Server fees
• Tracing Agent fees

See form EX50 from HM Courts and Tribunal Services which is published on the internet in respect of Court fees.

 

How long will the matter take?

 

Debt recovery can take as little as 1–2 weeks from receipt of instructions from you to receipt of payment from the other side, this is on the basis that the other side pays promptly.

 

If we need to issue proceedings either in respect of a dispute over the debt or any enforcement action is needed, the matter will take longer to resolve. It is difficult for us to provide a meaningful time estimate in these circumstances as the timetable will be heavily driven by external factors such as the debtor’s responsiveness and the Court’s availability.

 

Stages of the Process

 

The precise stages involved in the collection of a debt will vary according to the circumstances. We will keep you informed as to the progress of your individual matter, however below we have suggested some typical key stages of the process:

• Issue of a letter before claim to the debtor
• Issue of a money claim through the Court if the debtor has not made payment following the letter before action
• Obtaining a money Judgement if the debtor fails to settle the claim after Court proceedings have been issued and has not defended the claim, or
• Enforcement of the money Judgement against the debtor’s assets

 

The Team

 

Your matter will be handled by the Firm’s dedicated debt recovery team. If you instruct us we will provide you with the names of individuals who will be acting on your matter, including the partner responsible for overall supervision. Full information can be obtained from Mr Connell.

 

Please note the information provided is for guidance only and is updated from time to time. It is not intended to be definitive as to what you will pay for certain services. If you decide to formally instruct us we will provide you with a more accurate estimate of costs and discuss the funding of your matter generally.

 

COMPLAINTS PROCEDURE

 

In the first instance, please raise any concerns with the person responsible for the day to day conduct of the matter. Please provide us with full details of your concerns either in writing, on the telephone or if you would prefer at a meeting (if we are claims handling for your Insurer before proceedings are issued, we will advise you of further procedures which apply in your case).

 

We will do all we can to resolve the matter to your satisfaction. If we do not, you may make a complaint in writing to Mr Connell.

 

We will acknowledge your complaint within three working days, and provide a substantive response within 14 working days. We may ask to meet with you if it appears that this may help to resolve your concerns.

 

We will do our best to:

• Investigate your concerns thoroughly
• Keep you informed of the progress and the outcome of our investigation, and
• Ensure that any necessary remedial action is taken as quickly as possible

You may be asked to confirm in writing whether the complaint has been satisfactorily resolved.

 

LEGAL OMBUDSMAN

 

You may wish to contact the Legal Ombudsman. They will look at your complaint independently, and it will not affect how we handle your case.

 

Before accepting a complaint for investigation, however, the Legal Ombudsman will check that you have tried to resolve your complaint with us first.

 

The Legal Ombudsman expects complaints to be made to them within one year of the date of the act or omission about which you are concerned or within one year of you realising there was a concern. You must also refer your concerns to the Legal Ombudsman within six months of our final response to you.

 

Address: PO Box 6167, Slough, SL1 0EH
Phone: 0300 555 0333
Email: enquiries@legalombudsman.org.uk

 

SOLICITORS REGULATION AUTHORITY

 

The Solicitors Regulation Authority can help if you are concerned about our behaviour. Visit their website to see how you can raise your concerns with them:

www.sra.org.uk/consumers/problems/report-solicitor/