Do I need a Solicitor's letter?

[OctopusSting]

I need to put some clout behind chasing a very overdue debt. Would it be wise to get a Solicitor to send a threatening letter on headed paper to put the collywobbles up them or should I send one from myself first (and hence save some money) detailing the legal action I will take? So far, chasing has been by phone call/text/email.

If the latter rarely works, and I need the added 'clout', can anyone advide where i might start looking for a good, reasonably priced solicitor?

How much is the debt? It's unlikely that you need a solicitor to act in this matter as you can file a claim online and when your debtor receives a summons they'll know you mean business. Check out: www.google.co.uk/url?sa=t&rct=j&q=money%20claim%20online&source=web&cd=6&ved=0CFQQFjAF&url=http%3A%2F%2Fwww.direct.gov.uk%2Fen%2FMoneyTaxAndBenefits%2FManagingDebt%2FMakingacourtclaimformoney%2FDG_195688&ei=GUaHT5juN8LDhAfgh9DMCA&usg=AFQjCNFT3ngxb6eXYLMD_Df-4kYYWWnvRw&cad=rja

A fair few thousand Izzy

Thanks for the link re online claims, I will take a look and try this first, or send them a letter from me saying I will log such a claim if the debt is not settled within a very short given timeframe.

I think I may need a solicitor for the next step which would be getting a winding up order issued on the company, but i don't really want to go down this route as it would get messy I think.....

I have had a quick read and it says I need to have sent a final warning letter, so I will do that.

Out of interest, does anyone know how much a solicitor might charge for such a letter? I just think the clout of legal 'headed paper' might get a better response than a letter from lil ol' me?

could you use a debt recovery firm? Solicitors will charge a few hundred quid but a debt recovery firm should be cheaper.

Do you have names of any reputable debt recovery firms you might recommend Funny's? Or do they tend to be small/local outfits?

BTW a solicitor or debt recovery firm would send a 7 day letter warning of legal action and then with no further notice a claim would be issued. No need to get into winding up etc

sorry, I live in the CI and we use local firms. CAB might be able to give you the name of a firm in your area, or a solicitor may be able to recommend someone.

I realise the winding up would only be needed if the threat of legal action were to be ignored, but i have a feeling we might end up there (or threatening it) .

I think i will send a letter from 'me' warning i will be lodging an online claim in 7 days unless payment received and take it from there.

Thanks for the advice Izzy & Funny's

Oh, and if anyone has any template type wording for a final threatening letter, would they mind sharing or PM'ing?

Octo it's very straight forward really just along the lines of 'Dear ..... We/I note that further to our letter of the ...........the invoice in the sum of ...........remains outstanding. Please arrange to make payment by return failing which we will have no option to take further steps to ensure it's recovery' You could embellish by referring to a county court etc. Good Luck!

Sorry, but a letter before action is not as straight forward as it used to be. there is a pre-action protocol that specifies what it must state. It's a good idea using a debt collection firm, although if you know any firm local to you who have a civil litigation department you can ring them and get a rough idea of their cost is pursuing the debt.

Collaborate, do you know where I might find the pre action protocol?

Thanks!

try google? pre action protocol debt recovery works for me.

Ok will do. Thanks for the heads up on it

ah, that there is a very good reason not to take legal advice on MN! Sorry, we don't have the protocol here and it wasn't around when I used to practice in the UK!

out of interestCollaborate is the protocol mandatory or can you still do things the 'old' way? Would a claim be invalid if the protocol hadn't been followed?

Collaborate - Would this be the correct letter???

How long has the debt been outstanding for?

June 2011 to Oct 2011 Vodka :(

OctopusSting: it looks like the right one to me, although I'm a family law solicitor so I'd defer to a lawyer who does civil litigation for a living if they know any better.

Great, thanks.

Hi OctopusSting, sorry I was confused in your OP, I thought this debt was from years ago, but the advice you have been given above is excellent. I would personally involve a solicitor to make sure everything is done correctly.

a lot of info to be found at pre-actionadr.co.uk, it helped me do it myself