How we help

Stage 1

Once instructed we will calculate the late payment charges and interest fees due from the debtor in addition to the overdue invoice(s).

We will then write to the company (usually by special delivery) requesting payment within ten days. Where the debtor is a limited company we will write to both their Registered Office and, where different, their usual address.

The debtor will be instructed to send their payment direct to our office.

We usually follow up our letter with a telephone call a few days after the debtor receives our letter.

The debtor will be advised that either County Court action or Insolvency / Bankruptcy proceedings will be taken if they do not respond.

If necessary, we will negotiate between client and debtor if there is any query regarding the invoice(s) in question, quality of goods supplied etc etc.

If necessary, we will negotiate a payment plan to settle the debt as soon as possible. Interest charges continue to accrue on each overdue invoice until it is paid in full.

We keep our client informed of progress of the case via email.

 

If payment, or agreement is not forthcoming, then the case moves to …

Stage 2

The case now moves to legal proceedings.

We will determine whether County Court proceedings or Bankruptcy / Insolvency is the best next action to take. The decision will be based on a variety of factors including the size of the debt, standing of the debtor etc.

We will draft all the necessary documentation for consideration and signature by the client. Correspondence with the Courts etc will normally be through DCS.

The starting of formal proceedings will often generate payment (or settlement proposal) from the debtor when neither was forthcoming before.

The costs of County Court proceedings are added to the debt.

If payment, or agreement is not forthcoming, then the case moves to …

Stage 3

If payment is still not forthcoming after the granting of a County Court Judgment (CCJ), then we will consider a range of potential enforcement action that can be taken to collect the debt. Options available include, but are not limited to:

– using High Court Enforcement Officers (“Sheriff’s”) to visit the debtor to remove property from business premises to be sold to settle the debt. Note that High Court Enforcement Officers are legally entitled to force entry to business premises at any address in England or Wales to cease assets. (Information on powers of High Court Enforcement Officers.)

– using County Court bailiffs to visit the debtor (we only use this option for smaller debts)

– taking Liquidation / Insolvency proceedings against the business

– using a Third Party Debt Order against the debtor’s bankers, or anyone else that owes money to the debtor.

– demanding that an Officer (i.e. Director) of the company attend court to explain the company’s finances.

 

We keep clients informed by email of progress of the case throughout the process.