Our solicitors have the knowledge and skill to advise and assist you or your business on all aspects of personal debt recovery.

Debt Recovery

If you or your business is owed money by others, we can help you recover the debt. Where possible we will endeavour to do this without the need to issue Court proceedings. However, sometimes Court proceedings are unavoidable and, if they do become necessary, we can assist you by issuing and conducting the case to obtain a County Court Judgment against the debtor. If required, we also work with enquiry agents to track and trace missing or absent debtors, or try to ascertain whether they have any assets from which to satisfy the debt.

Personal Insolvency

If an individual owes a sum of £5,000 or more you may be able to apply to have him made bankrupt. When a person is declared Bankrupt their assets are controlled by the Official Receiver who will call in the same and then make payment of any outstanding debts. To start this process, you must first serve a formal demand for the money in a recognised form.

Corporate Insolvency

If a company that is registered in England or Wales owes you a sum of £750.00 or more you can apply to have the company wound up. Where a winding up order is made, a liquidator will be appointed to call in all of the company’s assets and then make payment of any outstanding debts. To start this process, it is necessary first serve a formal demand for the money in a recognised form.

In addition to the above, there are various other insolvency scenarios, such as Individual Voluntary Arrangements (IVAs), Company Voluntary Arrangements (CVAs) and Member’s Voluntary Liquidation.

Call to action

If you are owed money, or are being pursed for a debt, we can advise you on any claim or assist in negotiating a realistic and affordable payment plan. Please contact a member of our despite resolution team on 020 7935 3522 to see how we can help.

Frequently Asked Questions

  • What are the fees for bringing a claim to recover a debt?

    Please click here for answer to this FAQ

  • What is a County Court Judgment?

    A County Court Judgment (CCJ) is a Court Order requiring a person or company to make payment of a certain amount of money within a certain period of time. Unless the amount is paid in full, a CCJ will stay on their credit rating for a period of six years. CCJs often make it difficult for people or companies to deal with their financial affairs (i.e. take out loans or credit cards or to rent a property) and the risk of a CCJ can be an incentive for someone to pay an outstanding debt.

  • Can I enforce a County Court Judgment?

    Once a County Court Judgment has been obtained we can also help you take the necessary steps to enforce the Judgment if the debtor still fails to make the necessary payment(s). The most common methods of enforcement are as follows:

    Taking control of goods – We can assist you in applying to instruct specialist enforcement officers to take control of and recover goods belonging to the debtor in satisfaction of the outstanding debt.

    Obtaining a Charging Order – This is when a debt can be secured against land or other property owned by the debtor and is usually suitable for larger debts. Once a Charging Order is obtained, the debtor will not be able to deal with the property without first making payment of the outstanding debt. Alternatively, and if appropriate, we may be able to obtain a Court Order forcing a sale of the property with the proceeds of sale being used towards payment of the outstanding debt.

    Third Party Debt Orders – This is an Order against a Third Party (usually a bank or building society) who is in possession of money belonging to the debtor; for example, money in a bank account. The Order can require the Third Party bank to pay money directly from a debtor’s bank account to you in settlement of the outstanding debt (assuming there is enough money in the account).

    Attachment of Earnings Order – This is an Order under which a person’s employer is required to deduct money from the debtor’s salary and pay it to you in settlement of the outstanding debt.

    Bankruptcy Proceedings (see Personal Insolvency below).

  • What is the process?

    A formal demand for payment of a debt must be made in accordance with the relevant statutory requirements. If the debt is not paid within the relevant time frame, then the debtor would be required to make an Application to the Court.

    If there is no payment and no Application, the law will deem the person incapable of paying the debt. You may then present a Bankruptcy Petition or Winding Up Petition, as appropriate, which will be heard by the Court at a hearing. Assuming the correct process is then followed (which can be very technical but something we can assist with) a Court may then make a Bankruptcy or Winding Up Order at the hearing.

  • I’ve been served with a Statutory Demand, what can I do?

    If you are served with a demand for payment, you must respond within the relevant time limits. In circumstances where you do not believe any money is owed, then we can assist in making the necessary Application for it to be Set Aside or to prevent a Winding Up Petition from being presented if you are a business.

  • Can a Bankruptcy be annulled?

    If a Bankruptcy Order has been made against you in circumstances where you to not think it should have been, we may be able to assist in making an Application to Annul the Bankruptcy. Usually this will usually require the original debt and all legal costs incurred by the creditors and Official Receiver be paid in full.

  • Can I recover my legal costs?

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