Lots of individuals find pursuing debt difficult but failing to do this can cause cashflow issues or worse for companies.
If you are owed money and chasing it is wasting time and consuming your tools, let us help. In the current climate, many smaller companies have cash tied up in loans that were outstanding. Often this has dire effects for money flow and thus for the businesses long term prognosis.
Earning debt from Scotland is simple -- at least in theory. Our debt recovery solicitors can help you :
Offering your creditors a letter notifying them of the outstanding amount, rough payment and notifying them that action will be removed if they do not make payment as requested. The vast majority of debtors pay now.
When it doesn't get the job done, we will begin legal proceeding together with your consent.
If the claim is not disputed, we'll take all actions to enforce the debt.
In the event the claim is disputed, we will proceed to litigation for your benefit.
At all stages of the procedure we will keep you informed. If you are experiencing trouble with debtors, then we can help.
Recovery of debt is valuable to all individuals and organisations in the present economic climate. Recovering debts due to you may often mean the difference between your business being successful or failing. We work to maximise your return by, where appropriate, seeking to recover contractual or statutory interest, reimbursement fees and judicial expenses.
If you're owed cash, we can help. Our debt recovery solicitors have extensive experience of recovering our customers' debts that are outstanding.
We've got an experienced Debt Recovery Team who can help with all aspects of debt recovery, whether the debt is secured and unsecured. Our Team will provide you with a full and professional service, in a economical rate. Our services vary from issuing initial demand letters through the increasing of court actions to enforcing decrees and bankruptcy proceedings.
Our debt collection team advise on:
Cross-Border Debt Procedures
To this end we're aware that all customers have specific needs and requirements in relation to the retrieval of any debt for them. We plan to take this into consideration in the beginning of any issue to be able to help enhance a recovery. Our experience indicates that we take under account the conditions and objectives of each individual customer, the customer's priorities and some special issues that might arise throughout the course of this process. We can offer advice in relation to pre-litigation and training, with a view to encouraging customers. We can assist in advising clients in relation to their credit management processes if needed.
Our Solicitors have extensive courtroom experience in dealing with debt activities involving increasing and defending actions and appeals in the juvenile courts throughout Scotland and the Court of Session. We can increase activities for recovery of trades on behalf of the commercial customers and individuals. Our attorneys have experience acting for any number of public sector organisations and counsel a range of Property Management companies seeing a huge variety of housing matters including paychecks arrears, programmable repairs, rent arrears and other debts matters. In addition, we give information to clients in regard to actions for recovery of possession of property.
Our team has experience in dealing with many different complex problems. Our staff is supported by experienced individuals within our company to give a full business service.
Our experienced personnel and practices ensure the highest quality of service is always and efficiently delivered. Our team prioritise and advancement cases quickly and efficiently.
Pre-litigation Debt collection Consumer Financial Protection Bureau 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 informing that we are educated in your behalf. We can assist you in this aspect. A pre-litigation letter advises that a debtor of the circumstance and demands payment to avoid legal action. The correspondence is meant to prompt a reply and payment by the debtor.
In the event that payment is not forthcoming, consideration will then be given to increasing court proceedings.
The kind of court action required on your behalf depends upon your own situation. If activity is needed to recover payment, the actions necessary to be increased is based upon the amount due. In the event the debt is less than 3,000 a small claims proceedings are right, in the event the debt is more than 3,000 but less 5,000 a listing trigger action could be increased and in which the debt will be over #5,000 an ordinary action should be raised.
There are court rules which are unique to each sort of activity and our Debt Recovery Team have experience of raising all sorts of recovery actions in the Sheriff Courts and will give the suitable advice and guidance unique to your individual circumstance.
Please contact one of our Debt Recovery Team to talk about your own individual needs.
Following successful court proceeding, the Courts problem an awarding Decree (a written conclusion ) and authorities could be undertaken to recover the debt, even if needed. We'll be delighted to advise on how to apply the Decree and regain payment.
Once you have acquired a Decree (a award in the courtroom in your favor ) for recovery of cash because of you, enforcement needs to be considered using several procedures of diligence. "Diligence" is a term used in Scotland to describe the many methods available for you to apply the court order.
The very first step in proceeding with any diligence in Scotland is to serve a charge for payment to the party you've been granted decree against. A charge for repayment is a formal requirement for repayment served by Sheriff Officers for payment of this sum due a Decree, including any expenses and interest. A fee for repayment is a fourteen day notice to the debtor to make payment. If the borrower does not make payment hop over to here or arrangement within the specified fourteen day period you can then proceed with further diligence. Our Debt Recovery Team will be delighted to talk about any element of enforcement with you.
Cross Border Debt Recovery Procedures
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 which allowed the decree to acquire a certification of money provisions. We can help in this process which includes lodging and preparing an affidavit together with the Sheriff Court, which the first court action proceeded.
Once the certification of money provisions is accessed that this requires to be lodged for enforcement with the appropriate court in England. We use experienced brokers in England and also can help out with registering the debt in England and applying exactly the same. Should you wish to speak to an attorney for more information on enrolling a decree from England please phone our Debt Recovery Team on 0141 248 3456
It's also possible to apply an English or Welsh Court Judgment at Scotland and we can help with this process. The first step is to obtain a certificate of cash provisions in the courtroom where the original judgement was obtained. Thereafter the Certificate requires to be enrolled in the Register of Judgements of the Books of Council and Session. The certification has to be registered within six months of the date of difficulty. After receipt of the documented certificate is received, authorities in Scotland can be considered and improved on your behalf.
If you're contemplating sequestration as a process of debt recovery you should be mindful that sequestration doesn't guarantee recovery of sums due to you personally by a debtor. The borrower may, for example, have added lenders and the debtor's citizenship will be need to disperse funds equally to all lenders on discharge of the debtor's phase of bankruptcy.
Our debt recovery team has significant experience acting on behalf of customers trying to recover amounts from a debtor by using to their sequestration. We also have good connections with Insolvency Practitioners, who will help creditors in Assessing recoveries from debtors.
If You Are Thinking about sequestrating a debtor and Want to Talk to a solicitor please phone our Debt Recovery Team on 0141 248 3456
He has considerable expertise in commercial law disputes and has been an enthusiastic participant at the industrial court at Glasgow because its introduction in 1999. He has more than twenty years of expertise in quantity debt recovery and provides a broad range of debt recovery advice to institutional and corporate clients, as well as individuals.
He originally headed up the debt department at Kidstons Solicitors, Glasgow. Thereafter, after the merger of Kidstons using a midsize Edinburgh company he headed up the debt recovery department and assisted in attaining Legal 500 and Chambers positions for debt recovery.
Director and his staff understand how much customers value effective debt recovery services particularly in the current climate. Our clients trade both north and south of the border and litigate in both jurisdictions. Our staff can help in searching recovery of trades UK wide. The key for customers is not simply obtaining an order in the courtroom. The clients want to receive payment of debts for them. David and his team will guide their customers through the suitable legal procedures with a view to achieving an expeditious and cost effective recovery.
She's worked in private practice since 1993. She advises on a wide assortment of issues including debt recovery, alternative dispute resolution and contractual difficulties. She regularly appears in sheriff courts conducting litigation whatsoever stages of the judicial procedure. She manages agency directions for out of town attorneys and provides substantial donation to our debt recovery team in both routine and evidential hearings in cases between all values of all debt. She frequently liaises with urges in relation to complicated or Court of Session job and takes court appointments because a reporter and curator in juvenile court child care cases.
Paralegal, with attended Strathclyde University and completed courses in Civil Court Procedure and Family Law. Diane co-ordinates our debt recovery department.
Our Debt Recovery Team act on behalf of some of Housing Associations and Property Managers and Diane will be the direct contact for a Number of These clients. Diane also has experience in emerging that the Sheriff Court in relation to heritable activities relating to termination of tenancies and also the recovery of outstanding rent. She attends Court for Diets of Tests and appears before the Auditor of Court compared to Taxations.
She also has experience in certain Family Law matters including simplified divorce procedure and also the drafting of Minutes of Agreement. She completed her Family Law Paralegal Course in 2005.
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.