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Debt Recovery

Whether you are a business or an individual, late payments and bad debt are very much a fact of business life.

Debtors can cause individuals and companies to suffer cash flow problems when they don’t have the means to recover monies owed to them.  The process can often seem daunting, complicated and time consuming and many simply don’t have the resources to pursue bad debtors all the way.

Debt Recovery is the process of recovering payments or sums of money owed to you.

Quantum Legal offer an easy and streamlined debt recovery process to recover monies owed to you or your business.

The service offered will be tailored to meet your individual needs and most importantly, with a transparent pricing structure which makes you aware of the costs involved from the outset.

A dedicated team who deal with each and every claim proactively will work to reduce your debt and improve your cash flow.

As a firm of solicitors regulated by the SRA, we are equipped to deal with your claim from the outset and issue court proceedings on your behalf if necessary.

We aim to work closely with you and your business to create an efficient process which maximises your debt recovery and minimises your debt.

We will waste no time in issuing court proceedings against an individual or company that you have a dispute with and we will maintain full control of the court process with to sole aim to recover your money as quickly as possible.

Do you have a claim?

When you instruct Quantum Legal to deal with your claims, the first step in our process will be to determine whether or not you have a case.  This isn’t always clear cut and our experienced team will review the circumstances of your dispute and advise you as to the merits of proceeding with a claim.

Letter Before Action (LBA)

Upon receiving your instructions and after making sure that you have a claim against a debtor who is worth pursuing, we will send out the first ‘Letter Before Action’ based upon the outstanding invoice.

If the debtor fails to pay, we will discuss with you the next stage of the debt recovery action which is the issue of court proceedings.

Tracing Agents

Before even considering the commencement of court proceedings, we at Quantum Legal, will first seek to establish whether the debtor is worth pursuing.

Even if you are found to have a robust case against the debtor, it does not mean that you are guaranteed a positive outcome.  The last thing we want is to make a successful claim on your behalf only to find that the debtor has no means to pay.

Quantum Legal can make enquiries into the debtor’s financial status including property ownership and employment status.  If you are particularly concerned about the whereabouts of the debtor or the financial viability, we will discuss the option to instruct a tracing agent to make more detailed enquiries at a later stage – before court proceedings are issued.

Before legal proceedings are commenced, we will want to ensure that we have the correct details for the debtor.  If there is any doubt as to the whereabouts, we can instruct a tracing agent to confirm the up to date details.

Alternatively, we can rely on electronic charges which can disclose any new address for the debtor.

Issuing Proceedings

The advantage of instructing Quantum Legal to deal with your debt recovery claim is our experience as litigation solicitors.

A debtor who refuses to pay you the monies due will be subject to county court proceedings which we will commence swiftly in the event of a debtor refusing to repay the sums upon receipt of the letter before action.

Quantum Legal utilises the online option to issues court proceedings to minimise any delays and to achieve results as efficiently as possible.

The costs of issuing proceedings are dependant on the amount being claimed.  If you are successful in your claim and the debtor is ordered by the Court to pay you the sums claimed, the cost of issuing the claim and part of Quantum Legal’s costs will be ordered for the debtor to pay.

Undefended Action

Once a claim has been initiated, the debtor has a strict time limit within which to acknowledge the claim and file a defence.

Where defence is not filed at Court, Judgment will be entered in default

Admission

If the debtor accepts their liability to pay, they will confirm this to the court by filing an Admission form at Court along with their offer of payment proposals.  Upon receiving the notification of admission, we will discuss the next step with you and discuss whether to accept or reject the debtor’s proposals.  On the basis of your further instructions at this stage, we will respond to the court with a view to obtaining a County Court Judgment against your debtor

Defended Action

If the Debtor files a defence, disputing the claim made, then your file will be passed to one of the solicitors at Quantum Legal who specialise in litigation.  They will explain the full court process to you so you are fully aware of what to expect from the outset and advise you as to the best course of action.

Once a claim has been disputed, we will discuss the charges and ensure that a tailor-made agreement is made which suits you.

Enforcement

Whether it be on the back of an admission being filed, or we obtain judgment in default on your behalf, the debtor will be subject to a county court judgment.  The Court will issue Quantum Legal with a copy of the Court Order.  Upon receipt, we will write to the debtor and request a full settlement or proposals for payment within 7 days.

If we do not receive instructions, we will immediately be in touch with you to discuss the commencement of Enforcement Proceedings.  Our experienced team will advise you as to the most effective method of enforcement for your case from one of the following:

         ♦     High Court Sherriff

         ♦     Court Bailiff (Warrant of Execution)

         ♦     Third Party Debt Order

         ♦     Charging Order

         ♦     Attachment of Earnings Order

         ♦     Statutory Demand for insolvency

         ♦     Order for Questioning


Statutory Demand

A statutory demand is a formal, an in effect a final, demand for payment of a debt in full.  Ideally, it should be served personally on the debtor who then has 18 days to apply to the court to have the demand set aside.  If the debtor fails to do so – a bankruptcy petition can be presented.

Bankruptcy      

Bankruptcy orders can be made against debtors who are individuals and who owe more than £750.  This applies to sole traders and partners in a partnership.

The first step in the process is to serve the debtor with the statutory demand.

If a debtor is subsequently declared bankrupts then the “Official Receiver” or “Trustee in bankruptcy” will investigate the debtor’s finances. Realise any assets and distribute the proceeds to the creditors.

Quantum Legal will carry out a search at the outset to find out if the debtor is already bankrupt

Winding Up Petition    

Where the debtor is a company, the equivalent of a bankruptcy order is a winding up order.

As with bankruptcy, the first step is to serve the company with a statutory demand which may be followed by a winding up petition.  Once the winding up petition has been served, the court will set a date to hear the petition and determine whether to make a  winding up order against the company.

The creditor is required to advertise the petition in the London gazette or at http://www.gazettesonline.co.uk no sooner than seven business days after the petition was served and no later than seven business days before the winding up hearing.  The advertisement must show the date of the petition hearing and the name and address of the creditor, inviting others to support or oppose the petition should they wish.

In most cases, the Official Receiver will be appointed as liquidator of the company on the making of a winding-up order.  Among the duties of the Official Receiver is to collect and realise all the company’s assets in order to pay all creditors.

Bankruptcy/Winding Up options can be discussed with our litigation team should you wish to consider this route

Contact Us    

If you have debtors who are refusing to pay you what you are owed, contact our specialist team who will be happy to discuss your options and agree a terms which suit your business needs.