Debt Recovery Solicitors in England and Wales

Practical Legal Support to Recover Outstanding Debts

Being owed money can be highly frustrating for both individuals and businesses. This can become even more difficult when you need to take legal action to recover what is owed.

At Gomer Williams, our experienced team of debt recovery solicitors provides a practical and efficient service, to guide you through each stage of the debt recovery process and help you to recover your outstanding debts.

We act for clients across England and Wales, offering clear advice on recovering unpaid invoices, commercial debts, and personal debts.

The Debt Recovery Process

Stage 1: Letter Before Action

Before issuing legal proceedings, it is necessary to comply with the relevant Pre-Action Protocol by sending a Letter Before Action to the debtor.

This formal letter will:

Set out what is owed to you;
Provide the debtor with an opportunity to make payment within a specified timeframe; and
Explain the consequences if payment is not made.

Many debt recovery claims are resolved at this stage without the need for court proceedings. If payment is not received however, the matter will proceed to the next stage.

Stage 2: Commencing Legal Action

If the debt remains unpaid, the next step is to commence legal proceedings.

This involves:

Preparing and submitting a Claim Form and Particulars of Claim to the Court;
The Court issuing the claim and serving it on the debtor; and
Allowing the debtor 14 days to respond.

If the debtor does not respond within this time, you can proceed to the next stage of the debt recovery process.

Please note, if the debtor files a defence, the claim will become contested and follow the standard court process. For more guidance, please see the defended claims section below.

Stage 3: Entering Judgment

If the debtor does not respond to the claim, you can apply for a County Court Judgment (“CCJ”).

If granted:

The Court will provide a judgment which confirms the debt is legally owed; and
You will become entitled to take enforcement action to recover the debt.

A CCJ may also affect the debtor’s credit record and their ability to obtain credit in the future.

Stage 4: Enforcement

Once a CCJ has been obtained, enforcement action can be taken to recover the debt.

There are several enforcement options available, and the most appropriate course of action will depend on the circumstances of your case.

Our debt recovery solicitors will advise you on the available options and recommend the best approach to maximise recovery.

Our Fees

Our fees for progressing your debt recovery claim are detailed on our Debt Recovery Pricing page

Court fees are payable in addition and are calculated based on the value of the claim.

Defended Claims

There is always a possibility that a debt recovery matter will become contested or more complex.

If the debtor files a defence:

The claim will follow the standard court procedure;
Additional stages will apply; and
The above fee structure will no longer apply.

In these circumstances, our debt recovery solicitors will provide updated cost estimates and keep you informed throughout the process.

Insolvency Proceedings

In some cases, it may be necessary to consider insolvency proceedings as part of debt recovery.

Where a debtor is unable to repay their debts, they may be considered insolvent. This can affect both the likelihood and timing of recovering any debts.

Our team can advise you on: