NO WIN, NO FEE DEBT COLLECTION

Burger Huyser Attorneys operates a dedicated Debt Collection Department from Randfontein under specialist consultant Marco Basson, with day-to-day file management led by Madeleine Conway (42+ years’ debt collection experience), running a no-win-no-fee model for creditors across Gauteng. Under the model, the firm advances the recovery costs — letters of demand, debtor tracing, follow-up correspondence, and where applicable sheriff coordination — and recovers its fee only from the amount actually collected; the creditor pays nothing if the debt is not recovered. Matters that escalate to litigation route from the department into the firm’s General Litigation practice under director Nadine Roesch-Prinsloo (Roodepoort), so a single instruction covers the full arc from demand to default judgment where that becomes necessary.

What “No Win, No Fee” Debt Collection Actually Means

“No win, no fee” in this context is a commercial fee arrangement: the firm carries the cost of running the file and only earns a fee if money is recovered from the debtor. For the creditor, this shifts the recovery risk away from instructing a firm and onto the firm itself. That is the commercial sense in which a creditor’s exposure is nil if the debt is not recovered — the engagement letter sets out the percentage or fee the firm takes from the amount actually collected, and nothing more is owed if collection falls through.

What the model typically includes on a standard file:

• A letter of demand issued on the firm’s letterhead
• Escalation through a second and final demand where the first does not produce payment or contact
• Debtor tracing where the address on file no longer reaches the debtor
• Payment-arrangement negotiation and a written settlement agreement signed by both parties
• Sheriff coordination where matters move toward default judgment

What sits outside the no-win-no-fee commercial collection track:

• Matters already the subject of active litigation between the parties
• Defended matters, sequestration-track work, and post-judgment enforcement
• Files where the validity or quantum of the debt is itself disputed on substantive grounds

Realistic expectation — most straightforward undisputed commercial debts resolve through the demand-letter and payment-arrangement phases without ever needing a sheriff or a court. Matters that do need sheriff intervention or default judgment take longer and run on a different cost basis, and the firm will be transparent about that shift at the point it becomes necessary.

What the Service Covers (Scope of Engagement)

Burger Huyser structures the engagement so the creditor gives one instruction and the firm handles the full recovery arc up to (but not into) defended litigation. The scope below is what a typical commercial no-win-no-fee file covers from intake to closure.

Stage	What the firm does
Pre-collection assessment	Reviews the age of the debt, the documentary trail (contract, invoice, delivery confirmation, prior correspondence), and basic debtor-solvency signals before committing the file to the no-win-no-fee track.
Letter of demand	Issues the first demand on the firm’s letterhead, escalating to second and final demand where required.
Debtor tracing	Where the address on file no longer reaches the debtor, traces a current address so correspondence can resume.
Settlement negotiation	Negotiates payment arrangements and drafts a written settlement agreement on the firm’s standard terms, signed by both parties.
Sheriff coordination	Coordinates with the sheriff for service of process where matters move toward default judgment.
Escalation to General Litigation	Hands files requiring defended litigation across to the General Litigation practice under director Nadine Roesch-Prinsloo (Roodepoort branch).

The pre-collection assessment is the gatekeeper step. It is also where the firm is honest with the creditor about whether a particular debt fits the model at all — older files with thin paper trails, debtors in evident financial distress, or matters where preservation is urgent are sometimes better routed straight into the General Litigation track rather than the demand-letter track.

Who Handles the File at Burger Huyser

The Debt Collection Department is set up as a self-contained unit within the firm, with a clear escalation pathway into General Litigation when matters go beyond the demand-letter phase.

• Marco Basson — Specialist Consultant: Debt Collection (Randfontein); leads the department.
• Madeleine Conway — Department lead, 42+ years’ debt collection experience; runs day-to-day file management.
• Stembile Bhengu — admitted attorney in the Debt Collection Department.
• Department support staff — dedicated legal secretaries and a junior bookkeeper.
• Escalation pathway — matters moving to defended litigation route into the General Litigation practice under director Nadine Roesch-Prinsloo (Roodepoort branch).

Files are run from the Randfontein-based department, with intake available at every Gauteng branch. Creditors do not need to attend in Randfontein to instruct — they can submit documents and speak to the intake team through their nearest branch, and the file is then managed centrally.

When the No-Win-No-Fee Model Fits (and When It Doesn’t)

The no-win-no-fee model is built for a specific type of file. Where the file fits, it is the most cost-efficient way to recover an undisputed debt. Where it does not fit, pushing it onto the no-win-no-fee track anyway can waste time and reduce the chance of recovery. The table below sets out the boundary clearly.

Fits the no-win-no-fee model	Weaker fit	Outside the model
Undisputed commercial debts with a clear paper trail and a solvent debtor who is simply not paying.	Debtors in evident financial distress.	Disputes over the validity or quantum of the debt.
Aged debts still within the prescriptive window — under the Prescription Act 68 of 1969, most ordinary debts prescribe after three years from when they became due (section 11(d)(i)), and judgment debts or mortgage-bond-secured debts carry a thirty-year period (section 11(a)).	Business-to-business debts where the debtor’s books suggest insolvency.	Defended matters, sequestration-track work, and post-judgment enforcement.
Debtor remains traceable to a current address.	Debts already in the hands of another firm.	Files where preservation is urgent because of asset-dissipation risk.

If a creditor is unsure which column a particular file sits in, the intake conversation at any Gauteng branch will sort that out — the assessment is part of the service, not a chargeable preliminary consultation.

What to Bring to the First Consultation

The intake conversation usually happens by phone after documents are submitted by email. Gauteng-based creditors can also attend at any branch. The list below is what the firm asks for at first instruction; submitting it together speeds up the assessment.

1. The original contract, invoice(s), or other documentary evidence of the debt — the cleaner the paper trail, the cleaner the file.
2. A debtor contact trail — current and previous addresses, phone numbers, and known email addresses — used for tracing if the original address no longer works.
3. Any prior collection correspondence — letters, emails, and any demand letters already issued by another firm.
4. Any prior judgment, if the debt is post-judgment and the matter is now one of enforcement rather than fresh recovery.
5. A short note on what the creditor already knows about the debtor’s current solvency, if anything.

There is no requirement to attend in person. Most files are opened on the strength of emailed documents and a phone conversation with the intake team.

Practical Considerations: Cost, Timeline, and What Affects Recovery

Three things determine how a no-win-no-fee file plays out in practice — cost, timeline, and the underlying recoverability of the debt. None of them is fixed in advance, and the firm is upfront about that variability.

Variable	How it works on a no-win-no-fee file
Cost	The creditor’s only exposure is the percentage or fee the firm takes from the amount actually recovered. The exact structure is confirmed in writing at engagement and is not estimated loosely beforehand.
Timeline	Straightforward undisputed files often resolve within 30 to 90 days through the demand-letter and payment-arrangement phases. Files requiring sheriff intervention, default judgment (under Uniform Rule 31 of the Magistrate’s Court rules), or debtor tracing run longer depending on court and sheriff availability.
Recovery factors	Debtor solvency at the instruction date, availability of a current address, age of the debt (prescription under the Prescription Act 68 of 1969 is the hard cutoff), and the completeness of the documentary trail.
Reporting	The firm issues regular status updates during the file; the creditor does not need to chase for information.

What this means in practice — if the file fits the model and the documentary trail is clean, the realistic expectation is a relatively quick resolution through the demand-letter phase. If the debtor is unresponsive, has moved without leaving a forwarding address, or simply disputes the debt, the timeline extends and the cost basis may shift. The firm flags that shift at the point it becomes necessary, not after the fact.

If you have an outstanding commercial debt and want to instruct a firm that only gets paid if it recovers, contact Burger Huyser Attorneys’ Debt Collection Department through any Gauteng branch — start by calling the head office on 011 888 0246 or emailing the documents through the firm’s website. The department is led by Marco Basson (specialist consultant) with Madeleine Conway (42+ years’ collection experience) heading day-to-day file management, and matters that require litigation escalate into the General Litigation practice under director Nadine Roesch-Prinsloo. Files are run from the Randfontein-based department with intake available at Randburg, Roodepoort, Sandton, Bedfordview, Alberton, Centurion, Pretoria, and Midrand. Burger Huyser carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).

Frequently Asked Questions

What does “no win, no fee” actually mean for debt collection?

The firm advances the recovery costs — letters of demand, tracing, follow-up correspondence, and where applicable sheriff coordination — and recovers its fee only from the amount actually collected from the debtor. The creditor pays nothing if the debt is not recovered; the exact percentage or fee structure is set out in writing at engagement.

Who handles no-win-no-fee debt collection files at Burger Huyser?

Files are run by the firm’s dedicated Debt Collection Department under specialist consultant Marco Basson (Randfontein), with Madeleine Conway (42+ years’ debt collection experience) heading day-to-day file management. Matters that escalate to litigation move across to the General Litigation practice under director Nadine Roesch-Prinsloo (Roodepoort).

How long does no-win-no-fee debt collection take?

Straightforward undisputed files often resolve within 30 to 90 days through the demand-letter and payment-arrangement phases. Files requiring sheriff intervention, default judgment, or debtor tracing run longer depending on the debtor’s responsiveness and court and sheriff availability — the firm gives a realistic timeline at intake based on the specifics of the file.

Is there a minimum or maximum debt size you will take on?

The firm is set up to handle commercial debt-collection files of varying sizes; the more useful question is whether the debt suits the no-win-no-fee track (undisputed, clear paper trail, traceable and solvent debtor). The intake conversation at any Gauteng branch will confirm whether the file fits the model or needs to be routed to the litigation track from the start.

What happens if the debtor disputes the debt?

If the debtor raises a substantive dispute — for example a contractual or quantum challenge — the file typically moves out of the no-win-no-fee commercial collection track and onto the firm’s General Litigation track. The intake team flags this at the first assessment and explains the change in engagement terms before proceeding.

Where do I start if I want to instruct Burger Huyser on a no-win-no-fee debt?

Email the documents (contract or invoice, debtor contact trail, any prior correspondence) through any of the firm’s Gauteng branches, or call the head office on 011 888 0246 to be put through to the Debt Collection Department. The firm confirms intake within one to two working days.