Debt Recovery Solicitors: Recover What You're Owed

What is debt recovery?

Debt recovery is the process of reclaiming money owed to you by an individual, a business, or another organisation. In England and Wales, the law provides a structured route to recover unpaid debts — from a simple letter before action to court proceedings, judgment, and enforcement. Acting early, and with the right legal guidance, can be the difference between recovering what you are owed and writing it off.

We advise both businesses and private individuals on every stage of the debt recovery process, helping you protect your cash flow and your commercial relationships.

The debt recovery process: a step-by-step overview

1. Pre-action steps (the Letter Before Action). Most commercial debts can be resolved before court proceedings begin. The Pre-Action Protocol for Debt Claims sets out the steps both parties should take, including sending a Letter Before Action that gives the debtor a reasonable period (usually 14 days) to pay or respond. A professionally drafted letter frequently secures payment without the cost and delay of litigation.

2. Statutory demand. For undisputed debts over £750, a statutory demand can be issued. If the debtor fails to pay or apply to set it aside within 21 days, this can form the basis for insolvency proceedings — either a bankruptcy petition against an individual or a winding-up petition against a company. This is a powerful tool that often prompts payment, but it must be used carefully.

3. Court proceedings. If payment is not forthcoming, we can issue a claim in the appropriate court. For most claims this is the County Court, with the Small Claims Track for claims up to £10,000, the Fast Track for straightforward claims up to £25,000, and the Multi-Track for larger or more complex matters. We can also advise on whether the High Court is the appropriate venue.

4. Judgments and default judgments. Where the debtor does not defend a claim, we can obtain judgment in default. If the debtor admits the debt, judgment can be entered on admission, often with the option of payment by instalments.

5. Enforcement. Obtaining a judgment is only the first step — the judgment must then be enforced. Enforcement options include High Court enforcement officers (bailiffs), attachment of earnings orders, third-party debt orders, charging orders over property, and in some cases insolvency proceedings.

6. Statutory interest and costs. Under the Late Payment of Commercial Debts (Interest) Act 1998, you may be entitled to claim statutory interest on overdue commercial debts, together with a fixed sum for recovery costs (currently between £40 and £100 depending on the amount owed). We can calculate what you are entitled to claim and pursue it on your behalf.

Debt recovery for businesses

Late payment is one of the biggest threats to the cash flow of small and medium-sized businesses in the UK. Our commercial debt recovery service is designed to be pragmatic, cost-effective and relationship-preserving. We understand that most businesses want to recover what they are owed without permanently damaging a customer relationship, so we work with you to adopt the least aggressive approach that is likely to succeed.

We also advise on the wider credit-control picture: reviewing your terms and conditions, invoice terms, and credit application processes so that future disputes are easier to prevent, prove and resolve.

Debt recovery for individuals

Whether you are owed money under a personal loan, a contract, a deposit, or a family arrangement, you do not have to accept the loss. We can assess whether your claim is viable, what evidence you need, and the most efficient route to recovery.

Defending a debt claim

Not every debt claim is valid. If you are being pursued for money you do not believe you owe, or where the debt is disputed, statute-barred, or affected by unfair terms, we can advise on your defences. This includes raising defences where the claim is out of time under the Limitation Act 1980, where the work or goods were defective, or where there are set-off rights that reduce or extinguish the sum claimed.

Insolvency and enforcement

Where a debtor is insolvent or refuses to pay, enforcement and insolvency tools can provide the leverage needed. We advise on bankruptcy petitions against individuals and winding-up petitions against companies, as well as the alternatives such as statutory demands, County Court judgments and High Court enforcement.

Why choose Tyndel Solicitors?

• Fixed-fee transparency — we offer clear, predictable pricing for most debt recovery matters
• Experienced litigators — we handle claims from the letter before action through to enforcement
• SRA-regulated — you are dealing with a regulated law firm committed to professional integrity
• Remote and local — video consultations available across England and Wales, with our office in Ilford, Essex

If you are owed money and have been unable to recover it, contact our debt recovery team today on 0208 154 3131 or email [email protected] for a no-obligation assessment of your claim.