62 Newport Road, Cardiff, CF24 0DF
T: 029 2055 7200
F: 029 2055 7201

DEBT RECOVERY

We appreciate the competing priorities of maintaining a healthy balance sheet against maximising client retention. By taking time to understand your business and the wider commercial environment in which you operate, we can provide proactive, timely and cost-effective solutions to debt recovery.

LETTER BEFORE ACTION

For a fixed fee, we will issue a letter before action, requesting payment within either three or seven days. Whilst the letter before action charge is non-recoverable, our letters will make claims for contractual interest and compensation under the Late Payment of Commercial Debt Regulations as appropriate.

ISSUE OF COUNTY COURT PROCEEDINGS

For a fixed fee, we will deal with the issue of Claim Form and any response to Claim Form including offers of payment, requests for further information regarding debt, part admissions, including an initial advice on anydefence received, and the entry of Default Judgment if no response is received to Claim Form.

ENFORCEMENT OF JUDGMENTS

The obtaining of a County Court judgment will not necessarily prompt the debtor into making payment. In the majority of cases a default judgment will have to be enforced.  There are various methods of enforcing judgments, including the instruction of a County Court Bailiff for judgment debts of less than £600, the instruction of a High Court Enforcement Officer for judgment debts over £600, Charging Orders, Attachment of Earnings Orders and insolvency procedures, such as Bankruptcy or Winding-Up.

In the majority of the enforcement processes all the fees and costs are recoverable from the debtor and are added to the balance of the judgment debt.

DEFENDED ACTIONS

Wherever possible, we will endeavour to deal with your case within the Debt Recovery team in order to minimise costs. If it is necessary to pass your claim over to the Dispute Resolution team we will discuss the costs of proceeding with the action with you in advance. We will evaluate the quality of a defence when it is filed and give you an early indication of the costs you are likely to incur in pursuing the matter. Iin Small Claims matters where the amount in dispute is less than £5,000, we will advise you on the necessary steps to pursue the matter through to final trial and discuss with you continuing the matter without our involvement.

STATUTORY DEMANDS

A Statutory Demand is a threat of insolvency proceedings against a limited company or an individual. Except in relation to Winding-Up proceedings against a limited company, Statutory Demands are, in the main, a pre-requisite before the issuing of bankruptcy proceedings. They are normally used on higher value debts, and should typically only be used when the debt is clearly not disputed or a County Court judgment has already been obtained. The debtor has 21 days from the date of service to respond, failing which bankruptcy or Winding-Up proceedings can be considered.

We agree a fixed fee for the issuing of the Demand and arrange for a process server to personally serve the Demand as a matter of urgency.

bankruptcy proceedings

Bankruptcy petitions are issued against individual debtors and in the vast majority of cases can only be issued following an unsatisfied statutory demand. Bankruptcy Petitions are a measure of last resort as the costs involved are high and in the event of bankruptcy you may not recover your debt. 

WINDING-UP proceedings

Winding-up petitions are used for the recovery of debts from a limited company. Winding-up petitions are a measure of last resort as the costs are relatively high and in the event of a winding-up order being made you may not recover your costs.

To arrange a discussion with a member of the team click here or call us on 029 2055 7200.