Commercial & Debt Recovery

Our lawyers have considerable expertise in all aspects of civil and commercial debt recovery and have advised a wide range of clients throughout the UK. We deal with actions in the County Court, the High Court and specialist courts such as the Mercantile and Technology and Construction Courts. Our clients include:-

  • Industrial/Commercial Organisations
  • Service Providers
  • Utility Suppliers
  • Finance Houses
  • Building and Construction Companies

 

The Debt Recovery Process

It is crucial to a company’s wellbeing that they have an effective credit control system. Part of that system is to have a legal process that can be used if internal efforts to collect outstanding debts have been exhausted.

Our fully computerised Debt Management system has been designed to help you recover debts quickly and cost-effectively. It allows you to choose from a variety of reporting methods, ensuring that the service is tailored to your specific needs.

We deal with all aspects of the debt recovery process, from sending a Letter Before Action, to Issuing Legal Proceedings, applying for Judgment and Enforcement and where appropriate issuing Bankruptcy or Winding Up proceedings.

 

Sending a Letter Before Action

A Letter Before Action (LBA) gives the debtor a final chance to settle the matter before legal action is taken. It states the amount asked for, including details of additional charges claimed, and asks for payment within a specified time.

For information relating to LBA costs, please click here.

Instruct us to send a Letter Before Action (LBA)

 

Issuing Legal Proceedings

If the dispute is not resolved following the LBA, a claim may be issued at the Court on your behalf. This details the debt along with any additional charges claimed which include interest, solicitors’ costs and Court fees.

The debtor must then acknowledge and respond to the claim. The debtor can admit the debt (in whole or in part), offer to pay the debt within a specified time or by instalments, dispute the debt (in whole or in part) or issue a counterclaim.

If the debtor does not respond to the claim, Judgment can then be applied for.

For information relating to costs for issuing legal proceedings, please click here.

 

Judgment

If Judgment is obtained, the Court sends a document to the debtor stating the amount to be paid and by what date.

 

Enforcement

If a debtor does not comply with a Judgment, an application to the Court can be made for Enforcement. Examples of Enforcement are:-

  • Writ of Control
  • Charging Order
  • Attachment of Earnings Order
  • Order to Obtain Information
  • Third Party Debt Order

 

Winding Up

Winding Up is a process available to creditors of a company who have debts of more than £750. If there is a dispute over the debt, it is best practice to attempt to solve the dispute first or obtain a Judgment before resorting to this action.

In respect of undisputed debts where it is believed that the debtor is insolvent, we can advise on winding up (companies), bankruptcy (individuals) and the procedure that applies.

 

 

Bankruptcy

Bankruptcy is an option against individuals who find themselves unable to pay their debts. It is not an option for corporates or businesses.

 

Our Commercial & Debt Recovery Experts

Mark Taylor, Marina Pashourtides and Samantha Jenkins lead our Commercial Debt Recovery Team. Contact them on 0121 236 1999 or via email at:-

 

For expert advice on dispute resolution, please call us in confidence on 0121 236 1999, email enquiries@ert-law.co.uk or make an enquiry here.