Debt Recovery London: Our panel of experts

Debt recovery, London

Our panel of debt recovery, London solicitors facilitate in the recovery of unpaid debts on behalf of creditors. They leverage their knowledge of debt collection laws and regulations to guide creditors through the process. Responsibilities include negotiating with debtors, sending formal notices, and pursuing legal action when necessary. Solicitors draft pre-action letters, provide legal advice, and, if required, initiate lawsuits to secure court judgments for outstanding debts.

The debt recovery, London solicitors on our panel may also represent creditors in court and assist with the enforcement of judgments, such as wage garnishment or asset seizure. Whilst working within ethical boundaries, our solicitors ensure compliance with relevant laws and maintain accurate records of all interactions.

If you are in search of experienced debt professionals and services in London, then please get in touch with Expert Commercial Law today. Our team can put you in touch with the most relevant and appropriate legal expert for your case to assist in recovering debts and keep legal fees at a minimum.

How to recover unpaid debts

Recovering unpaid debts in the UK follows a specific procedure, influenced by UK laws and best practices. Listed below are some ways in which businesses and private individuals can attempt to recover monies:

Open Communication:

• Friendly reminder: Initiate with a polite reminder, as sometimes debts are unpaid due to oversight or administrative errors.
• Direct communication: If the initial reminder doesn’t get a response, try reaching out directly via phone calls or email to discuss the issue.

Documentation:

• Ensure you have all relevant documents like contracts, invoices, and previous communication.
• Cross-check the debt amount to avoid disputes arising from clerical errors.

Late Payment Interest & Compensation:

• In the UK, businesses can charge other businesses statutory interest for late payments. This is currently 8% plus the Bank of England base rate for business-to-business transactions.

Send a Formal Demand Letter:

• If the debt remains unpaid, send a ‘Letter Before Action’ (LBA). This letter gives a final warning that you’ll pursue legal action if the debt isn’t settled.
• Ensure that the letter includes a breakdown of the debt, any interest charged, and a set period (usually 14 days) for the debtor to respond.

Engage a Mediator:

• If there’s a dispute over the debt that can’t be resolved through direct communication, you might consider mediation. The mediator helps both parties come to a mutual agreement.

Hire a Debt Collector:

• There are several debt collection agencies in the UK. They operate on a fee or a percentage of the recovered debt.
• Ensure the agency is a member of the Credit Services Association (CSA), which ensures they follow ethical guidelines when collecting debts.

Issue a Statutory Demand:

• If the debt exceeds £750, you can issue a statutory demand, giving the debtor 21 days to pay. If they don’t pay within this period, you can begin insolvency proceedings.

Take Legal Action:

• Small claims: For debts up to £10,000 in England and Wales (or £5,000 in Scotland and Northern Ireland), the small claims court can be used.
• County Court Judgment (CCJ): If the debtor doesn’t pay after the court’s judgment, you can apply for a CCJ which affects their credit rating.

Enforcement Action:

• If you’ve received a judgment in your favour and the debtor still doesn’t pay, there are enforcement options:
• Warrant of Execution: Allows bailiffs to sell the debtor’s goods to recover the debt.
• Attachment of Earnings Order: Deducts money directly from the debtor’s wages.
• Charging Order: Secures the debt against the debtor’s property.
• Third Party Debt Order: Freezes the debtor’s bank account.

What is the role of a debt recovery solicitor?

Debt recovery solicitors play a pivotal role in assisting creditors in recovering unpaid debts from individuals or businesses while ensuring adherence to legal regulations. Their role encompasses a range of responsibilities throughout the debt recovery process:

Pre Action Protocol:

• Negotiation: Debt recovery solicitors often start by attempting to negotiate with the debtor to reach an amicable resolution. This can involve setting up payment plans or making arrangements for debt repayment.
• Formal Demand Letters: They may send formal demand letters to the debtor, outlining the debt’s details, the amount owed, and a deadline for payment. These letters serve as a legal requirement before taking further legal action.

Legal Proceedings:

• Issuing County Court Claims: If negotiations and demand letters before action do not result in payment, solicitors can initiate court proceedings by filing a County Court claim. This can lead to a judgment against the debtor.
• Representing Clients in Court: Debt recovery solicitors represent their clients in court, presenting the case and arguing for a judgment in favour of the creditor.
• Enforcement of Judgments: If a judgment is obtained, the solicitor can assist in enforcing it through methods like attaching earnings, seizing assets, or issuing a Charging Order on the debtor’s property.

Documentation and Record-Keeping:

• They maintain accurate records of the debt agreement, payment history, and all correspondence with the debtor. Proper documentation is essential for legal proceedings.

Handling Disputes:

• Debt recovery solicitors assist in resolving disputes that may arise between the creditor and debtor, whether concerning the debt’s validity or the amount owed.

Expert Legal Advice:

• Debt recovery solicitors provide legal advice and guidance to creditors on the best course of action based on the specific details of their case.

How can Expert Commercial law assist with debt recovery London?

Expert Commercial Law has a panel of debt recovery, London solicitors comprising law firms with credit control and debt recovery teams. Most of the firms on our panel will offer a debt recovery service on a fixed fee, hourly rate, or conditional fee agreement. This will be discussed at the outset of your case. We have extensive experience in case management for our clients.

All of the solicitors on our panel have the experience and expertise required to take on your case. We only select the best in the business. All of our solicitor firms are authorised and regulated by the Solicitors Regulation Authority (SRA) and offer a range of funding options for your case.

If you are looking for more information surrounding commercial debt recovery and how our team of experts can help recover debt and boost your cash flow, please do not hesitate to get in touch today.

We are not a firm of solicitors; we have a panel of commercial law solicitors. If you contact us in relation to a commercial law case, whether you are looking for formal legal advice or cost-effective assistance on your case, we will pass your case on to a panel firm.

Our panel can also assist with commercial issues such as business energy claims, shareholder disputes and contract disputes.