Debt Collection

Professional support for
recovering money owed to you

Recovering unpaid debts can be frustrating, time-consuming and emotionally draining, especially when the person who owes you money is a friend, family member, or someone you’ve trusted. At Bennett Oakley Solicitors, our experienced debt recovery lawyers take a sensitive but effective approach to personal debt collection.

Back to Disputes

We understand the stress and complexities involved, and we work with you to ensure the tone and structure of communication is handled carefully and appropriately.

How Does the Debt Collection Process Work?

Our debt collection service follows a clear, structured approach to increase the likelihood of a successful recovery without unnecessary delay or expense.

Letter Before Action (LBA)

The first step in pursuing a debt is sending a Letter Before Action (LBA), a formal written request demanding payment within a specified timeframe. The LBA outlines the debt owed and notifies the debtor that legal proceedings will be issued if the payment is not made.

Many debts are successfully resolved at this stage without the need for court action.

Court Proceedings

If the debtor fails to respond or pay within the timeframe set out in the Letter Before Action, we can, on your instruction, commence court proceedings. Once the Court serves a claim form, the debtor has 14 days to pay, negotiate a settlement, or submit a defence.

County Court Judgment (CCJ)

If there is no response within 14 days of the claim form being issued, we can apply to the Court for a County Court Judgment (CCJ) against the debtor. This is a legal ruling confirming that the debt is owed.
A CCJ remains on the debtor’s credit record for six years, significantly affecting their ability to obtain credit. In some cases, the Court may authorise enforcement measures, such as appointing a bailiff to recover the debt.

This can involve seizing goods or taking other steps to compel repayment.

What Does Debt Collection Cost?

A common concern is whether the cost of recovering a debt outweighs the benefit, especially for smaller sums. At Bennett Oakley Solicitors, we offer fixed fee debt collection services so that you know exactly what to expect before any action is taken.

Our transparent pricing and practical advice ensure you can make an informed decision about moving forward.

Need Support Recovering a Personal Debt?

Whether you are owed money by a friend, former partner, or family member, we’re here to help you recover what you’re owed, without unnecessary conflict or delay.

Speak with a Bennett Oakley expert today

Looking for legal support? Get in touch with our solicitors, and we’ll connect you with the right expertise to meet your specific needs through our trusted legal team and professional partners.

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FAQ Topics

Can I recover a personal loan without a written agreement?

Yes, it is still possible to recover a debt even if you don’t have a formal written agreement. Evidence such as bank transfers, text messages, emails, or witness statements can help demonstrate that a loan took place. Our solicitors can advise you on the strength of your case and what supporting evidence may be required.

How long do I have to recover a personal debt?

Under the Limitation Act 1980, you typically have six years from the date the debt became due to start legal proceedings. If you delay beyond this period, your claim may become “statute-barred,” meaning you can no longer enforce the debt in court. It’s important to seek legal advice as early as possible.

Can I claim interest on the money I’m owed?

In many cases, yes. You may be entitled to statutory interest of 8% per year on top of the original debt, especially once court proceedings begin. If the original agreement (verbal or written) included an interest clause, this may also apply. We can advise you on what you’re legally entitled to claim.