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Debt Recovery

Our Debt Recovery work is carried out by partner, Sally McCartney.  Sally was admitted as a solicitor in 1997, joined the firm in 2003 and was assumed as a partner in 2009.  Sally has practiced solely in the areas of employment law, family law and litigation since 1998.

Debt Recovery covers all work required to raise (or defend) civil court actions in relation to the recovery of money owing by one person to another, often in respect of the provision of goods and services.  Often such matters are resolved prior to a court action being raised.

The steps which may be involved include:

  • Taking your instructions
  • Pursuing and considering invoices/contracts
  • Providing advice
  • Issuing a “7-day letter”, demanding payment
  • Entering into settlement negotiations
  • Where payment is not received, raising court proceedings at the Sheriff Court, either under Simple Procedure or the Ordinary Cause Rules
  • If no defence is lodged a default judgement may be received typically within 6-8 weeks of the initial 7-day demand being issued
  • If the action is defended then a Proof (civil trial) will take place usually within 6 -12 months of the initial 7-day demand being issued
  • Once decree is obtained enforcement action may require to be taken.

If you would like our assistance with the recovery of a debt owing, or with defending such an action, we would charge for that work by reference to an hourly rate.  Our hourly rates are revised on 1st May each year, with Sally’s current hourly rate being £245 per hour plus VAT (currently 20%) broken down into £24.50 per 6-minute units or part thereof. Additionally a charge of 5% of the total assessed fee, plus VAT, will be charged to cover posts and incidents.

Telephone calls will be charged at £24.50 per 6-minute unit or part thereof.

Letters will be charged at 1.25 units per page of 100 words or part thereof.

The drafting of deeds and court documents will be charged at 5 units per sheet of 200 words or part thereof.

Copying will be charged at £1.00 per page for the first copy of any document and 40p per page for each subsequent copy.

There will be a separate one-off charge of £25 plus VAT at 20% in respect of our gathering (and updating, where necessary), documentation to comply with the Anti-Money Laundering regulations and administrative matters when opening your file.

The number of hours spent on your case will be determined by the complexity and the unique circumstances of your case.  We will discuss the likely cost of your case with you at our initial meeting. If additional costs arise due to unforeseen circumstances, we will discuss this with you at the earliest opportunity and we will advise you of any increase in cost that may arise.  The hourly rate does not include any outlays that may be required.  These are variable depending on the nature of the case.  We will discuss what these may be at our initial meeting.

The hourly rate does not include any outlays that may be required.  These are variable depending on the nature of the case.

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