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Definition

What is Debt Recovery?

Debt recovery is the process of pursuing payment of overdue invoices, ranging from informal chasing through to formal legal action.

Debt recovery is the process of collecting money owed to your business when normal payment terms have been exceeded. In the UK, there is a structured escalation path from informal reminders to court action.

The debt recovery escalation process:

Stage 1 — Informal chasing (1–30 days overdue): - Send a payment reminder email referencing the invoice - Follow up with a phone call - Send a second reminder with firmer wording - Clearly state the due date and total owed

Stage 2 — Formal demand (30–60 days overdue): - Send a Letter Before Action (LBA) — a formal letter stating you will take legal action if payment is not received within 14 days - Mention your right to statutory interest and compensation - Keep records of all correspondence

  • **Stage 3 — Alternative dispute resolution (if applicable):**
  • Mediation: — a neutral third party helps negotiate a resolution
  • Adjudication: — common in construction disputes (under the Housing Grants, Construction and Regeneration Act 1996)
  • **Stage 4 — Court action:**
  • Small Claims Court: — for debts up to £10,000 (you can do this yourself)
  • Fast Track: — for debts £10,001–£25,000
  • Multi-track: — for debts over £25,000
  • Use **Money Claim Online (MCOL)** to file claims electronically
  • **Stage 5 — Enforcement:**
  • If you win a court judgment but the debtor still doesn't pay:
  • County Court Judgment (CCJ): — damages the debtor's credit rating
  • Bailiff enforcement: — court-appointed bailiffs recover goods
  • Attachment of earnings: — payments taken directly from wages
  • Statutory demand / winding-up petition: — for debts over £750 (company) or £5,000 (individual)

Costs: Court fees range from £35 (for claims up to £300) to £455 (for claims up to £10,000). You can usually add these to your claim.

Examples

1

A freelancer sends a Letter Before Action after 45 days of non-payment, and the client pays within a week

2

A small business files a Money Claim Online for a £3,500 unpaid invoice

3

A construction subcontractor uses adjudication to recover £25,000 from a main contractor

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