Debt Collection, Recovery & Enforcement
Cash flow is the lifeblood of any business and when a customer does not pay it can have an immediate and detrimental impact.
Tilly Bailey & Irvine can offer advice and assistance regarding all aspects of debt recovery and can guide you through the whole process, from sending initial letters before action to the debtors through to obtaining a Court Judgment and enforcing the same. We can also negotiate with your debtor to enter into a repayment plan.
In addition to the legal assistance, we can also offer you commercial advice and discuss practical tips that we and our clients have found that can help you minimise your bad debt and maximise the amount that you can recover.
It is important for any creditor to realise that, just because a Court Judgment is obtained against the debtor, it does not automatically mean that the debt will be paid. Sometimes a debtor simply cannot pay or will not pay irrespective of the CCJs registered against them. As the Court does not automatically enforce its Judgments or even help decide how they should be enforced, it is up to you to enforce the debt. This will mean additional costs. We will discuss with you the various methods of enforcing your debt, often broaching this subject at the outset as there is little point spending additional money obtaining the Judgment if you never get paid.
There are many different enforcement methods available, and you can pursue more than one method at the same time. We can provide advice on what method is the most suitable, depending upon the circumstances of your case and the debtor. Examples of the main enforcement methods are:
- Attachment of Earnings Order
- Third Party Debt Order
- Writ of Enforcement/Bailiffs/High Court Enforcement Officer
- Charging Order
Alternately, you do not have to issue Court proceedings against a debtor to recover the debt. You can go down the insolvency route by issuing a statutory demand and either a bankruptcy petition for an individual debtor or a winding up petition against a company. There are certain criteria which need to be fulfilled in order to pursue this method upon which we can provide advice. We can also assist with the drafting and service of these documents and advise of the cost and benefit of pursuing this route.
To assist your business to manage its costs we can discuss your individual requirements and tailor our services to your needs. We can carry out certain aspects of this procedure under a fixed fee structure which means you can control the additional costs you are incurring.