Debt recovery can feel confusing, especially if you have never had to take legal action before. At Latimer Solicitors, we help clients across England and Wales understand the process, their options, and what to expect at each stage.
Below are some of the most common questions our clients ask about recovering personal debts. Each answer is written in plain English to help you make informed decisions with confidence.
A personal debt is money owed by an individual rather than a company. This can include unpaid loans to friends or family, rent arrears, unpaid services, or money owed under a personal agreement or guarantee.
Not always. Written agreements make claims easier to prove, but you can still recover a debt if there is clear evidence of what was agreed. This might include text messages, emails, bank transfers, or witness statements that show an agreement existed.
The first step is to send a Letter of Claim, sometimes called a Letter Before Action. This formal notice gives the debtor a chance to pay before court proceedings start. Our Pre Action Debt Recovery Solicitors can prepare this letter on your behalf.
In most cases, you have six years from the date the debt became due to start court action. This is known as the limitation period. If the debt is older than that, recovery may not be possible without special circumstances. We can check whether your claim is still within time.
If there is no response or payment within the required time, you can issue a County Court Claim. If the debtor still does not respond, you can request a County Court Judgment (CCJ) confirming that money is owed to you.
A CCJ is a court order confirming that the debtor owes you money. It appears on their credit record for six years and can seriously affect their ability to obtain credit. Once a CCJ is in place, we can take enforcement action to recover payment.
There are several options available, including:
Our Enforcement Options Solicitors can help you choose the right method.
Yes, in most cases you can claim statutory interest on unpaid debts as well as court fees and reasonable legal costs. We will always explain what you can recover before any action begins.
If the debtor raises a genuine dispute, we can advise on the best way to resolve it. This might involve negotiation, mediation, or formal court proceedings. We will review your evidence carefully and help you prepare your case.
If the debtor cannot pay or has no assets, recovery may be limited. We can carry out tracing and asset checks to assess whether enforcement is worthwhile. If insolvency is appropriate, we can also guide you through Statutory Demand and Bankruptcy proceedings.
In some cases, yes. Cross-border debt recovery depends on where the debtor lives and whether they have assets in the UK. We can advise you on the best approach for international or relocated debtors.
Timescales vary depending on the debtor’s response and the complexity of the case.
We will give you realistic timescales at the start of your case.
We provide clear, upfront pricing and fixed fees for many stages, including Letters of Claim and court applications. You can view more details on our Costs and Fixed Fees page or request a written estimate before any work begins.
Yes. If a guarantor agreement is in place and properly signed, the guarantor is legally responsible for the tenant’s unpaid rent or damages. Our Debts From Tenants and Guarantors Solicitors can help you enforce these agreements.
We take the stress out of debt recovery by guiding you clearly through every stage.
If you still have questions about recovering a personal debt or want to discuss your own situation, contact our Personal Debt Recovery Solicitors today.
We will explain your options clearly, outline likely costs, and help you take the next step toward recovering your money.
Call 0161 798 9000, email info@latimerlee.com, or complete our online enquiry form.
Wherever you are in England or Wales, Latimer Solicitors can help you recover what you are owed.