Recovering Personal Debts
Before embarking on the personal debt collection process it is important to establish as much financial information regarding the debtor’s status as is possible, as this will determine whether there is a genuine prospect of recovery, before court fees and costs are incurred.
Information is the key
We can undertake pre-sue status reports on your behalf and will advise you on the most cost-effective enforcement routes to adopt. This may include establishing if the debtor has had previous judgments registered against him, finding out their employment and bank details or information as regards any property they personally own.
Once armed with this information we can advise you on the viability of enforcing the personal debt via:-
• Court Bailiff or High Court Enforcement Officer.
• An Attachment of Earnings Order.
• Third Party Debt Orders
• Charging Orders.
• Orders to attend court to obtain further information.
Ordinarily all of the fixed court costs and court fees of the exercise are added to the judgment debt and would be recoverable from the defendant on the successful conclusion of the action. In addition in order to offset the effect of our small percentage “success” charge, we automatically claim from the debtor interest on the debt sums owed under S69 of the County Courts Act 1984. (Currently this equates to 8% per annum). If the debt is over £5000, (or if we register the judgment in the High Court as a precautionary measure), interest will continue to accrue on the judgment debt until it is finally discharged. Every little helps!
In our experience only 10-15% of personal debts are defended. If that were to be the case in your action, rest assured we have the capability, experience and resources available to ensure that the action is taken to trial (often on a fixed fee basis) as expeditiously as possible.
We fully appreciate that the prospect of litigation can sometimes be a little daunting to an individual. We always ensure that we are a re-assuring presence throughout the court process and are happy to guide you through the process at each stage.
Should you wish to discuss your potential claim, free of charge, please do not hesitate to contact us.