Debt collection work will be conducted by David Mouland. David is a solicitor and partner of the firm and qualified as a solicitor in 1996.

David has an hourly charge rate of £250 + VAT for disputed debt actions.

Recognising that the priority of our clients in debt collection is speed, efficiency and cost, we developed an online solution.

There is no need to telephone or email us with your debt collection problem (although we are happy to speak or advise), but you may simply register and log on at:

www.debtcollectoronline.com

Debtcollectoronline (DCO) is a part of Luttons Dunford, but being automated it allows you to pursue, manage and communicate with us about debts without incurring the usual solicitors' costs. We are however in the background, so that as soon as further advice is needed, or your claim is disputed, we can seamlessly step in.

Debt action (to issue a claim)

Through our portal – www.debtcollectoronline.com – we offer our services at the fixed costs (court issue fee and our costs) the court will permit you to recover from your debtor. As a result, in an uncontested debt action, our costs will be included in and recoverable from your debtor in the county court judgment.

Our costs are: 

A: To issue a claim:

1. Claims up to £500 – costs £50
2. Claims up to £1,000 – costs £70
3. Claims up to £5,000 – costs £80
4. Claims over £5,000 – costs £100

B: To enter judgment:

1. Judgments up to £5,000 - £22
2. Judgments over £5,000 - £30

These costs are subject to VAT at the prevailing rate - currently 20%. The VAT element will not be recoverable from your debtor. 

In addition to costs, you will incur a court fee (a disbursement) to issue your claim. The amount of the court fee depends upon the value of your claim. You can check this at:

https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

Litigation 

If your claim is defended we will provide estimates for various stages of proceedings, including mediation, exchange of documents and witness statements, negotiations, obtaining expert evidence, and all work up to and including trial. These estimates will depend upon a number of factors including:

1. Value of the dispute
2. The number of parties to the dispute
3. The complexity and quantity of evidence
4. The number of witnesses
5. The need for expert witness evidence
6. The need for counsel to advise and/or to represent you at trial

Our current charge rate is £250 per hour + VAT. This is subject to review but will not exceed the rates allowed by our local county court at Gloucester and Cheltenham.

In addition to costs you may incur other expenses (disbursements) in litigation. These commonly include:

(a) Court fees - trial fee, application fees, consent order fees

(b) Barristers fees if you require specialist advice and/or advocacy at a hearing or trial

(c) Expert witness fees if your case requires expert evidence 

(d) Mediator fees if you opt for mediation to try to settle your dispute

(e) Agents fees, for example to attend a hearing or investgate some aspect of your claim.

Court fees are not subject to VAT. Other disbursements will attract VAT if the provider is VAT registered. 

The type and costs of disbursements will vary from case to case. 

Costs 

The costs rules in litigation are complex. In a small claim (up to £10,000) the general rule is that the parties bear their own costs irrespective of who wins. 

In a claim worth over £10,000 the losing party is likely to be ordered to pay the reasonable legal costs of the successful party. However, it should always be borne in mind that costs are at the discretion of the court and courts generally do not order the losing party to pay more than 60-70% of the winning party's costs.

We will provide costs advice as part of the overall strategy to ensure that the costs/benefits analysis of your claim is always kept in mind.

Enforcement

Not all judgments are paid by debtors. We can advise on and act in all methods of enforcement including instructing the bailiffs or the High Court Enforcement Officer, obtaining charging orders, third party debt orders and attachment of earnings orders, as well as bankruptcy and winding up proceedings.