The client makes an initial contact, fills out our online form and sends us the invoice or invoices and a copy of any paperwork relating to the case which they wish us to action.
We carry out our initial investigations to establish the debtor’s financial position, current trading status, location and property ownership.
We contact the debtor in writing with an initial letter of demand requesting payment of the outstanding debt within 7 days. The letter will detail the debt, the amount owed, and show the late payment interest and compensation calculations as allowed by the Act.
The interest and compensation will cover our costs up to this point. When investigations have been particularly complex and time-consuming recovery costs will also be added to the debt.
Our initial demand letter meets debt recovery litigation protocol and advises the debtor that a specialist B2B debt recovery practitioner has been instructed and that further proceedings and charges will be instituted unless payment is made.
This letter often finally makes the debtor aware that the situation is serious and in the vast majority of cases results in a successful recovery. If the debt has not been settled with 7 days we will issue a final demand letter, formally giving 7 days notice of legal action, to comply with the legal protocol. detailing the costs that are being incurred under the legislation through delaying their payment, and the consequences of a statutory demand or court judgment against them.
If no response is received within 7 days debt recovery litigation protocol can be considered to have been completed and formal legal action can be taken. However, during this period we will also attempt to make contact with the debtor by telephone at their home and place of business.
When one of our professional case managers makes contact with the debtor by telephone the matter can usually be brought to a successful conclusion, there is something about a personal one to one contact that brings the seriousness of the matter home to the debtor.
A conversation with the debtor can be is also useful in establishing further details that may be part of the case against them. We find that very often we can establish the grounds for non-payment and resolve them, sometimes in the case of hardship, and with the agreement of the creditor, by agreeing to a payment plan. It also helps us to identify cases where the debt is genuinely disputed and litigation may not be appropriate.
We will by now have made more detailed enquiries as to the financial position of the debtor’s business possibly by making a visit to their premises. We have found that a visit from our experienced case managers can provide a valuable insight into the financial position of the business and the businesses’ assets.
Visiting a debtor at their premises also allows us a final opportunity to explain the consequences of a court judgment against them and often leads to immediate payment.
A visit to the debtor’s premises has been found to be very successful in finally achieving payment from even the most reluctant.
Although, if at this stage we have been unsuccessful in recovering the debt we may, with the client’s agreement, issue legal proceedings.
However, legal proceedings are not always necessary or entirely effective. There are other enforcement methods businesses may choose to explore. A credible alternative is the threat of insolvency action under the Insolvency Act 1986 for undisputed debts over £500 which can provide a cost-effective and low-risk solution. Under the legislation, a limited company is deemed insolvent if it is proved, to the court’s satisfaction, that it is unable to pay its debts as they fall due.
By serving a correctly worded 72 hour winding up a notice on its debtors, who cannot pay within that time period, the creditor is entitled to present a formal winding up petition to effectively close the company down. In respect of non-limited businesses, partnerships and sole traders, the personal service of a Statutory Demand under the same Act gives the debtor 21 days to pay in full or face individual bankruptcy proceedings.