Debt Recovery > Recovery Processes
RECOVERING DEBTS BEFORE THE NEED FOR COURT ACTION
Initially upon first contact we will question you about your current debtor problems and establish your needs. We will then work to establish a profile of your debtor, answering if the debtor need tracing, if the debtor has the means to pay or assets in the UK.
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It may be the case that it is sensible to do a ‘fact find’ on your debtor before taking action, so as not to waste further resources. We will then go through the intended course of action with you and our fees to make sure you are entirely happy with the process before choosing to proceed.
Traditionally we start the process by sending a letter to the debtor, informing them that the matter of their debt has been transferred for us to handle and that we will be establishing contact with them shortly. At this point we will then begin working with the debtor, establishing a relationship which will allow us to move forward. Some of pre-legal action techniques involve phone calls, negotiation and debt advice for the debtor.
Should this be unsuccessful we would then look to explore legal proceedings. There are two ways in which we can then proceed, either via the court or a statutory demand, the action taken will be decided on a case by case basis.
In court proceedings, the debtor has the option whether to offer a defence:
- if the debtor chooses not to offer a defence the court proceeds to judgement and this swiftly leads to enforcement
- if the debtor does choose to defend, then the court will look at the argument and decide whether to proceed straight to judgement or on to litigation (at which point our team will be able to advise accordingly)
If once the courts have made a judgement, the debtor fails to abide by that judgement, there are various options which can be taken to enforce the ruling of the court:
- enforcement can be taken to the High Court Sheriff, which will arrange for a visit to the debtors' residence in which they will then proceed to seize goods which will be auctioned and then used to pay off the value of the debt owed
- another option would be to use the Court Bailiff, which will send the debtor a final warning letter informing them that a warrant has been issued and providing them with a time limit to pay their outstanding debt before action is taken. The bailiff will visit the debtor’s residence and recover goods which will be auctioned to pay the outstanding debt owed.
Obviously legal action is one of our last resorts and we have a high rate of success in recovering debts before the need for court action, each case is different and we pride ourselves on ensuring that all your needs are taken care of in one tailored solution.
LEGAL ACTION IS ONE OF OUR LAST RESORTS AND WE HAVE A HIGH RATE OF SUCCESS IN RECOVERING DEBTS BEFORE THE NEED FOR COURT ACTION
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YOUR RECOVERY PROCESSES | DEBT RECOVERY LAW | TAYLOR ROSE MW EXPERTS
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