Debt recovery solicitors
Unpaid debts hold up your business, affecting cash flow, creating uncertainty and potentially preventing payment of your staff or creditors, harming your reputation. It’s crucial for any business to ensure that those you trade with do so on your terms
Debt recovery experts
Fast, efficient and get the results you need. We are invoice debt recovery specialists, with a full, dedicated team handling undisputed invoice debt cases on a fixed-fee basis to deliver exceptional value for money.
Debt Recovery Process
Step One: Letter Before Action
Prior to issuing any legal proceedings and in order to be Pre-Action Protocol compliant we are required to issue a Letter Before Action (LBA) to a debtor. An LBA is a formal letter on our letter head which sets out in very clear terms:
What is owed from the debtor to your business
How long your debtor has to pay it (usually between 7 to 14 days)
It sets out and informs the debtor the consequences of non-payment
As approximately 75% of cases can be settled by way of an LBA. Debt Recovery Solicitors do offer a service where we just send out LBA’s for our client’s.
Step Two: Legal Action
If upon sending a letter before action to your debtor you do not receive an acceptable reply, the next step is to take legal action by issuing court proceedings at the County Court. At this point the debtor will receive a court form from the court demanding them to pay the debt together with interest and costs within 14 days. If it is a commercial debt, the Late Payment of Commercial Debts (Interest) Act 1998 will also apply. This will result in the addition of a fixed sum compensation between £40 – £100 per invoice being added to the value of the claim.
Bankruptcy – An alternative to the above, if the debtor is an individual you can apply for bankruptcy proceedings to make the debtor bankrupt. This will affect their ability to obtain credit or become a company director amongst other things.
Insolvency – A further alternative to the above is to commence insolvency proceedings such as winding up petitions against businesses.
Step Three: Judgment
A County Court Judgment (CCJ) is a Court Order that confirms that the debtor is liable to pay your debt. As soon as the County Court Claim has expired, we can proceed to obtaining a CCJ. The CCJ is the judgment given by a judge at the County Court which enables you to take enforcement action against the debtor to recover the debt owed to you. The CCJ is also placed on record against the debtor. This affects credit worthiness and affects their ability to obtain credit amongst other things.
Step Four: Enforcement
As soon as we have obtained a County Court Judgment, we are then able to immediately ‘enforce’ the debt. There are a number of ways to enforce a debt such as an attachment of earnings orders or charging orders. However, the most common method is to instruct a Bailiff or High Court Enforcement Officer to visit the debtor’s address and collect the debt or seize goods to the value of the debt.
We will always advise you on the best method of enforcement depending on each individual circumstance
How our debt recovery solicitors can help
Our specialist debt recovery solicitors have the expertise and experience to explore every avenue available and can help resolve a dispute and recover monies for you by:
Sending an official solicitors’ letter to chase the debt
Drafting or improving terms and conditions of trading to help avoid future problems
Looking at what measures you have taken already to deal with late or non payers
Taking legal action, where necessary
Enforcing Court judgments
Issuing bankruptcy and winding up orders
We have proven success of recovering bulk debt portfolios for clients across all kinds of businesses and by appointing us to work on your behalf, you’re free to get on with running your business and leaving the onerous task of chasing money to experienced lawyers.
ABOUT HARDING MITCHELL
Advice on a full range
of civil litigation matters
We provide comprehensive advice and representation upon a full range of litigation matters.
Whether you are a prospective claimant or a defendant, you can rely on our expertise not only in litigation but also in negotiation. Concise and early tactical analysis holds the key to success and quality pre-action correspondence provides leverage in any settlement discussions. Where settlement is not viable, we will robustly advance or defend your position at trial.
"Winning isn't Everything it's the only thing"
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Contact us now concerning your case and discover why our clients so often recommend us as one of the leading teams of solicitors in London.