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.
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.
If Judgment is obtained, the Court sends a document to the debtor stating the amount to be paid and by what date.
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 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 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, Craig Bennett 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 firstname.lastname@example.org or make an enquiry here.