If you are owed cash and chasing it is wasting time and consuming your resources, let us help. In the present climate, many small businesses have money tied up in loans that were outstanding. Often this has dire effects for cash flow and for the companies long term outlook.
Earning debt from Scotland is straightforward -- at least in theory. Our debt recovery solicitors will help you by:
Sending your debtors a letter informing them of the outstanding amount, demanding payment and notifying them that action will be accepted if they don't make payment as requested. The vast majority of debtors pay at this point.
If this does not get the job done, we'll start legal proceedings together with your permission.
If the claim is not contested, we will take all steps to apply the debt.
In case the claim is contested, we will proceed to lawsuit on your behalf.
At all stages of the procedure we'll keep you informed. If you are experiencing trouble with debtors, then we can help.
Retrieval of outstanding debt is significant to all individuals and organisations in the present economic climate. We endeavor to maximise your return , where appropriate, seeking to recover statutory or contractual interest, compensation charges and judicial expenditures.
If you are made cash, we can assist. Our debt recovery lawyers have extensive experience of recovering our clients' outstanding debts.
The Way to Recover Debt Scotland
Our Team will give you a full and professional service, in a economical rate. Our solutions vary from issuing initial demand letters throughout the raising of court actions into enforcing decrees and bankruptcy proceeding.
Our debt collection staff advise on:
Pre-Litigation Procedures
Enforcement
Cross-Border Debt Procedures
To that end we're conscious that all clients have particular needs and requirements in relation to the retrieval of any debt for them. We plan to take this into account at the outset of any matter in order to help streamline a restoration. Our experience indicates that we take into consideration the circumstances and objectives of each individual client, the client's priorities and some particular issues that might arise during the course of the process. We can offer advice in relation to pre-litigation and training, with a view to supporting customers. We can assist in advising clients in relation to their credit control procedures when needed.
Our Solicitors have extensive courtroom experience in managing debt actions including raising and defending actions and appeals in the juvenile courts through Scotland and the Court of Session. We can boost actions for recovery of trades on behalf of both business customers and individuals. Our solicitors have experience acting for any number of public sector organisations and counsel a variety of Property Management companies regarding a huge array of housing matters such as factoring arrears, rechargeable repairs, rent arrears and other debts issues. In addition, we give advice to clients in relation to actions for recovery of possession of land.
Our staff has experience in handling many different complex issues. Our staff is supported by experienced people within our firm to offer a complete business service.
Our experienced staff and practices guarantee the finest caliber of service is consistently and efficiently delivered. Our team prioritise and advancement instances quickly and effectively.
Pre-litigation Fair Debt Collection Practices Act: What You Should Know - Debt.org Advice
We can assist in pre-litigation process, and we'd discuss your situation and alternatives available.
In some cases, the very first step would be to issue a demand letter to the debtor advising that we're educated in your behalf. We can assist you in this regard. A pre-litigation letter informs a debtor of this circumstance and demands payment to prevent legal actions. The letter is meant to prompt a reply and payment by the debtor.
In the event that payment is not forthcoming, consideration would then be given to raising court proceeding.
The kind of court actions required on your benefit depends upon your own situation. If action is needed to recover payment, then the action necessary to be increased is based upon the amount . In the event the debt is less than #3,000 a tiny claims proceedings are right, if the debt is greater than 3,000 but less than #5,000 a summary cause actions could be raised and where the debt is over #5,000 an ordinary action should be raised.
There are court rules which are specific to each sort of activity and also our Debt Recovery Team have experience of raising all kinds of recovery actions in the Sheriff Courts and may offer the right advice and guidance unique to your individual circumstance.
Please contact our Debt Recovery Team to examine your own individual needs.
Enforcement
Following successful court proceedings, the Courts problem an awarding Decree (a written conclusion ) and authorities could be undertaken to recover the debt, if necessary. We'll be happy to advise on how best to enforce the Decree and recover payment.
Once you have got a Decree (an award against the courtroom in your favour) for recovery of money due to you, authorities requires to be contemplated using several methods of diligence. "Diligence" is a term used in Scotland to describe the several methods available to you to enforce the court order.
The very first step in moving with any credit in Scotland would be to serve a fee for payment to the party you've been granted decree against. A fee for payment is a formal requirement for repayment functioned by Sheriff Officers for payment of the amount as a Decree, including any interest and expenses. A charge for payment is a two days notice to the borrower to generate payment. If the borrower doesn't make payment or agreement over the given fourteen day period you can then proceed with additional diligence. Our Debt Recovery Team will be happy to go over any facet of enforcement alongside you.
A Decree allowed at a Scotland Sheriff Court can be enforced in England. To apply a Decree in England you have to apply to the court that granted the decree to get a certification of money provisions. We can help in this procedure including preparing and lodging an affidavit together with the Sheriff Court, and also the initial court action jumped. The affidavit most be guaranteed by a notary public.
When the certification of money provisions is accessed this requires to be lodged for enforcement with the relevant court in England. We use seasoned agents in England and can help out with registering for the debt in England and applying the same. Should You Would like to speak to a solicitor to Find out More on enrolling a decree in England please phone our Debt Recovery Team on 0141 248 3456
It is likewise feasible to apply an English or Welsh Court Judgment in Scotland and we can assist with this process. The initial step would be to get a certificate of money provisions from the court where the original judgement has been obtained. The certificate has to be registered within six months of the date of difficulty. After receipt of the registered certification is received, authorities in Scotland could be considered and progressed on your behalf.
If you're thinking of sequestration for a system of debt recovery you must be aware that sequestration doesn't guarantee recovery of all sums due to you by a debtor. The debtor may, by way of instance, have added lenders and the debtor's trustee will be need to distribute funds equally to all lenders on release of the debtor's time of bankruptcy.
Our debt recovery team has significant experience acting on behalf of customers seeking to recover amounts from a borrower by applying for their sequestration. In addition, we have good connections with Insolvency Practitioners, that will assist creditors in Assessing recoveries from debtors.
If you are considering sequestrating a debtor and Want to Talk to a solicitor please telephone our Debt Recovery Team on 0141 248 3456
He has considerable experience in commercial law disputes and continues to be an enthusiastic participant at the industrial court at Glasgow since its debut in 1999. He has more than twenty decades of expertise in quantity debt recovery and supplies a broad variety of debt recovery information to corporate and institutional customers, in addition to individuals.
He initially headed up the debt division at Kidstons Solicitors, Glasgow. Thereafter, following the merger of Kidstons using a midsize Edinburgh company he led up the debt recovery division and assisted in attaining Legal 500 and Chambers positions for debt recovery.
Director and his team understand how much customers appreciate successful debt recovery services especially in the current climate. Our clients trade both north and south of the boundary and litigate in both authorities. Our staff are able to aid in seeking recovery of debts UK wide. The key for customers isn't just receiving an order in the courtroom. The customers wish to obtain payment of debts due to them. David and his staff can guide their customers through the appropriate legal processes with a view to attaining an expeditious and economical recovery.
She regularly appears in juvenile courts running litigation whatsoever phases of he said the judicial process. She handles agency directions for out of city attorneys and provides substantial contribution to our debt recovery staff in both regular and evidential hearings in cases between all values of the debt. She often liaises with supporters in relation to complicated or Court of Session work and accepts court appointments as a reporter and curator in juvenile court child care cases.
Diane co-ordinates our debt recovery department.
She is involved in all aspects of debt recovery, including raising small claim/summary cause and ordinary cause actions in the Sheriff Court and the authorities of Decrees obtained. Our Debt Recovery Team behave on behalf of a number of Housing Associations and Home Managers and Diane will be the direct contact for a Number of These customers. Diane also has experience in emerging that the Sheriff Court in relation to heritable activities regarding termination of tenancies and the recovery of rental. She attends Court Diets of Tests and looks before the Auditor of Court compared to Taxations.
She also has experience in some Family Law matters such as simplified divorce procedure and also the drafting of Minutes of Agreement.
Diane is a member of the Scottish Society of Specialist Paralegals, having become a member when the Society was set along with Strathclyde University and CLT Scotland.