Debt Recovery
We understand that debt recovery needs to be properly balanced with the costs of collection and we appreciate that very often it only takes a properly worded letter to persuade the debtor to settle the debt.
Our Debt Recovery team has expertise in the following areas:
Pre-action collection
County Court proceedings
Bankruptcy petitions
Winding Up petitions
Rent arrears
Repossessions
Enforcement through The High Court
What is Enforcement through The High Court?
High Court Enforcement is the process of enforcing judgements of the High Court, often by recovering debts, seizing goods, or repossessing property.
It is possible to enforce many differing judgments through the enforcement process. These include:
- Judgments of the High Court itself
- Judgments of the County Court (CCJs)*
- Employment Tribunal Judgments*
*Once transferred to the High Court for enforcement
Why choose the Enforcement Process?
Put simply, it works – High Court Enforcement Officers’ (HCEOS’) fees depend on the enforcement being successful.
What fees are payable?
An initial court fee of £71 is payable by a Claimant. This fee covers the issuing of a Writ of Control which enables HCEOs to recover the debt on the Claimant’s behalf. In the event of a successful enforcement and recovery of costs, this fee is returned to the Claimant.
How long will it take?
It takes two – three weeks for the court to issue the Writ of Control, or (if the judgement was not originally issued by the High Court), for the transfer to the High Court followed by the issue of a Writ of Control.
Once issued, the HCEO will write to the Defendant informing them of the Writ’s existence and that payment (for the amount stated in the judgment, plus interest, the HCEO’s costs and the court fee) is required within 7 – 10 days.
What happens if the Defendant pays?
If successful, payments are held by the HCEO for a period of 14 days to ensure that the Defendant does not go into insolvency. After this period, payment will be made to a Claimant of the judgment figure plus interest and the £71 court fee. The HCEO retains the costs which have been paid by the Defendant resulting from the enforcement process.
What if no payment is received?
If no payment is received, HCEOs will make up to three visits to the Defendant’s premises and look to recover the debt and associated fees.
Payment may not be made for many reasons:
The Defendant may try to evade enforcement
The Defendant may simply not be able to pay
The Defendant may not have sufficient goods to seize to satisfy the amount of the judgment once the costs of removal and auction are considered
If after the three visits the HCEO is unsuccessful, an abortive fee of no more than £75 plus VAT is applicable.
Speak to our experts
For a FREE initial consultation with our expert Debt Recovery team, simply complete the form on this page, call 01244 356 789 or email info@cullimoredutton.co.uk.
Why choose us for your Debt Recovery matter? Because we are:
Experienced
Our team has more than 70 years’ experience of helping clients to resolve disputes and to recover debts in as cost effective and stress-free manner as possible.
Specialists
Our team are all experts in this area of law and specialise in helping, supporting and advising businesses, property specialists and tenants in finding solutions and resolving issues.
Understanding
We understand the distress and disruption that disputes, and bad debtors can create. We will work with you to resolve these issues and provide solutions which work for you and your business.
Who will work on your Debt Recovery matter?
A qualified lawyer with at least 20 years’ experience in this area of work.
Administrative duties will be undertaken by our support staff.
As Head of Department, Brenda Spain has overall responsibility for the supervision of all work carried out by her team.
Pricing
Discover more about charges for our Debt Recovery services by visiting our pricing page.
