Recover debt through Court

If your case is straightforward, you could prepare the claim, present the case and handle the enforcement on your own. Most people choose not to use solicitors in debt recovery.

But there may be times when you decide you want to seek advice from a solicitor. You should note that:

• legal aid is not usually available for debt recovery
• legal costs aren't normally recoverable

If your claim is likely to be disputed, if your claim is for a large amount or if the case is complicated, it is probably sensible to get professional help from a solicitor or debt recovery agent. 

Choosing a solicitor

Finding a solicitor can be a challenge, and often a personal recommendation is a good way to choose. Before you make a decision, ask the following questions:

• Is there a department specialising in debt recovery?
• Does the firm have a mediator or dispute resolution service that you can consider as an alternative option?
• How will you be charged - rate per hour plus expenses or a percentage of the sum recovered?
• If they do business on a 'no win, no fee' basis, are there any hidden costs? Will you have to pay court costs?

See choose a solicitor for your business.

Debt recovery agents

Other organisations working in debt collection are debt recovery agents and credit agents.

Debt recovery agents employ solicitors and take legal action to recover your money. The Credit Services Association (CSA) provides a directory of debt recovery agents.

Some credit agencies, though not all, will take over the collection of debt. If successful, you will receive an agreed proportion of the total amount owing, while the agency will keep the rest. They usually try to recover debt by:

• sending out routine letters
• telephoning customers