In this Coffee Break Briefing , Malcolm Niekirk looked at the sort of issues that an insolvency professional may have to deal with when advising a distressed music festival. He discusses the realisable assets that may be found in a music...
We can help you to improve your cash flow by recovering your debts, in a simple, quick and cost effective manner. We also aim to retain the healthy working relationship you have with your customer.
It is amazing how powerful a simple letter from a solicitor can be. This straightforward first step often achieves great results. If the debtor still refuses to pay and disputes the claim, we will provide the specialist litigation advice required to pursue the matter further.
Our team works firmly but tactfully to collect money owed and enjoys a high success rate. It’s straightforward, cost effective, commercial debt recovery.
Debt Recovery in Bournemouth, Poole, Christchurch, Ringwood and the New Forest
Our debt recovery service
We have handled hundreds of debt recovery cases over the years and have built a formidable reputation for our ability to either recover debts in full or negotiate commercially realistic settlements efficiently and cost-effectively.
Our debt recovery solicitors rarely need to advise court action to achieve a positive result. We take an open, reasonable but firm approach with debtors that yields results time and time again.
With both negotiation and litigation expertise, we can offer an inclusive service that covers every stage of the debt recovery process, from pre-action discussions, to court action, to enforcement and insolvency action.
We have experience recovering a wide range of debts, including:
- Unpaid invoices
- Rent arrears
- Recovery of overpayments
- Enforcing payment for goods and services
The pre-action negotiation stage of debt recovery is arguably the most important part of the process. The vast majority of individuals and businesses are able to make a recovery by entering into constructive negotiations with the debtor. Even if the debtor does not engage or refuses to pay, the court will expect you to comply with The Pre-Action Protocol for Debt Claims, which sets out the process you should follow before making a court claim.
In our experience, a firm letter from a solicitor is usually all it takes to secure a recovery. However, we will ensure your compliance with the Pre-Action Protocol at all times while negotiating on your behalf. So, if negotiations are unsuccessful, you have the best possible chance of succeeding in court.
Money judgment proceedings
If pre-action negotiations are unsuccessful, we will provide advice on your prospects for bringing a money claim in the county court. We will help you balance the benefits of pursuing a recovery with the costs you are likely to incur – this will depend on factors such as the size of the debt, whether the debtor is likely to challenge your claim, and how complex the court proceedings could become.
If the debtor accepts your claim or they do not respond, the process of getting a County Court Judgment (CCJ) is relatively straightforward. You can simply apply for judgment in default.
If the debtor does object to the claim, in whole or in part, the case could become more complicated. However, with our assistance, it is very rare for cases to reach trial. It is possible to settle debts at any point during the process and we are experienced at using the court proceedings and our fierce representation skills to aid our settlements negotiations.
A Charging Order is a way to secure a CCJ over a debtor’s assets, such as a property or shares. Securing your debt can make your position much stronger because you become a ‘priority creditor’. This means that the debtor should aim to repay your money before their other debts and if they become insolvent, you will be considered first (along with other priority creditors such as mortgage lenders) when their assets are being distributed.
If you have obtained a CCJ and/or a Charging Order, we can provide advice on a wide range of enforcement options, such as:
- Instruct county court bailiffs or High Court Enforcement Officers to go to the debtor’s premises and recover the debt or assets to cover the debt – this involves making a further application to the county court or escalating your CCJ to the High Court and obtaining a Writ of Control
- Apply for an Order for Sale – if you have a Charging Order, you can apply to compel the debtor to sell the asset to repay the debt. It is also common for debtors to engage in settlement discussions at this stage to protect their assets
Where our investigations suggest that your debtor cannot repay you because they are insolvent, we can provide advice on starting insolvency proceedings and claiming your money from the Official Receiver or Insolvency Practitioner appointed to distribute the debtor’s assets. Although it is unlikely that you will recover the entire debt this way, it may still be your best option for recovery. We will provide clear advice about your prospects for recovery so that you can make an informed decision about how to proceed.
We can issue a Statutory Demand for the debt on your behalf. If the debtor fails to pay after that we can submit:
- A bankruptcy petition where the debtor is an individual
- A winding up petition where the debtor is a company