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Business Debt Enforcement by Debt Collecting Lawyers
If the Letter Before Action route has not delivered the desired result, our business debt enforcement lawyers might advise that Court Proceedings are implemented, which can result in a County Court Judgement being issued.
Even at this advanced stage, the debtor might resist paying. We have a wealth of experience and a range of business debt enforcement tools to help you recover your business debts and enforce payment.
Once Judgement has been obtained, our team of debt recovery solicitors will discuss with you the most appropriate means of debt Enforcement. Usually this entails instructing the Bailiff or High Court Enforcement Officer (formerly known as Sheriff).
What is a Bailiff / High Court Enforcement Officer?
The Bailiff / High Court Enforcement Officers have the authority to levy on goods belonging to the Debtor (which are not subject to finance or third party ownership), for the purpose of removal and sale in the absence of payment of the debt.
What is the difference between the Bailiff and the High Court Enforcement Officer?
The County Court Bailiff will be the Officer who enforces the Judgement if the Claim is for less than £600.
The High Court Enforcement Officer enforces Judgements for Claims over £600.
What other processes are there to enforce the Judgement?
When Judgement has been obtained there are a range of other Business Debt Enforcement procedures that may be used, these include:
Warrant of Control – The instrument that authorises the County Court Bailiff (in the absence of payment) to attend the Debtor’s premises for the purpose of recovering the debt or if necessary removing goods for sale at auction.
Writ of Control – For debts over £600 this authorises the High Court Enforcement Officer to send out a 7 day compliance letter warning the Debtor that in the absence of payment they will be attending the Debtor’s premises for the purpose of recovering the debt or, if necessary, removing goods for sale at auction.
Charging Order – An Order placed on the Debtor’s property against which the debt becomes secured.
Third Party Debt Order – An Application is made to the Court to Order a Third Party to pay the Claimant. This Third Party can be a Debtor of the Defendant and / or the bank where the Defendant holds an account.
Attachment of Earnings Order – An Order to the Defendant’s employer to deduct the amount from the Defendant’s wages for payment of the debt.
Application for Debtor to Attend Court for Questioning – Used for the purpose of formally examining the Debtor as to their assets/liabilities.
Statutory Demand – A 21 day Demand Notice served personally on the Debtor for Claims over £5,000 for individuals, or debt value of £750 on Limited Companies. In the absence of satisfaction either a Bankruptcy Petition or Winding Up Petition can be applied for.
Bankruptcy Proceedings – The procedure of filing a Petition to declare individuals bankrupt for the purpose of identifying the Debtor’s assets where the Claim is over £5,000.
Winding Up Petition/Liquidation – The procedure of applying to liquidate the Debtor Company for distribution of assets where the Claim is over £750.
Contact our Debt Collecting Lawyers about Debt Enforcement
Our Debt Recovery Solicitors are experienced in debt enforcement of judgements for the late payment of commercial debts. If your company is suffering from a late payment, please contact us or call us on 01922 616306 for a FREE initial discussion.
The sooner you get in touch, the faster we can work to recover the money owed to your business.
This case study shows how alternative debt dispute resolution techniques bought the debtor to the table, leading to a successful outcome for our client who was owed £67,000, without the time and expense of Court proceedings....
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There Are Four Key Stages That We Follow In The Debt Collection Process
A Letter Before Action to the Debtor states the value of the debt and the time frame for payment. In most cases the debt is settled quickly and we do not take the matter further.
If the debt is still not paid or a reply has not been received we issue a County Court Claim.
If an Acknowledgment or Defence is not received within the Court time frame we will apply for a County Court Judgment (CCJ).
There are a number of different ways to enforce the Judgment once obtained.
What We Do Best
Claiming Late Payment Charges
Alternative Dispute Resolution
Terms & Conditions Consultation
What Our Clients Say
£45,000 Disputed Debt Settlement Agreement via Pre-Action Protocol Letter
In most cases, even for larger debts, the issuing of a Pre-Action Protocol Letter Before Action will deliver the desired result. In this disputed debt settlement agreement case, the debt owed to our client was £45,000, a debt that was disputed. We reviewed the case with our client and, following Pre-Action Protocol, we issu… Read more
Case Study: Pre-Action Protocol Letter Before Action
Lane’s have been mutual clients for a number of years and we have found them to be very professional in all their dealings with us. Always efficient and responsive we have nothing other than praise for the manner in which they conduct their business.
Karen LoweDirectorGeens Ltd
Lane and Co are a very friendly firm of solicitors who have helped us many times over the years whether it was to send a short letter to a late payer or to attend court on our behalf for the more tricky case. Their service is very professional and efficient and I wouldn’t hesitate to recommend them to anyone for this type of work. It is definitely money well spent.
Mrs H Orme FCCAFinancial DirectorEdwards Bathroom Plumbing and Heating Supplies Ltd
We have worked with John and the team at Lanes for around two years and in that time we have had great success in clearing bad debtors from our ledger. The processes at Lanes are quick, efficient and professional; it has relieved the burden on our credit control department and for very little cost we have seen fantastic results.
We have used Lane & Co’s services for over 10 years. They provide us with a very efficient debt collection service.
College Gauge and Tool Recommend our Commercial Debt Recovery Solicitors
It’s not just about results, although as a firm of commercial debt recovery solicitors since 1978, our longevity suggests we deliver the results our clients need. It’s all about customer service, as this testimonial from long standing client, Birmingham based College Gauge and Tool Company shows.
“We are a small company b… Read more
College Gauge and Tool
LA Metals would like to say a big Thank you to Lane and Company Solicitors.
A good local company who have provided LA Metals Ltd with over 10 years of great service with excellent results.
Andy WoolliscroftSales DirectorLA Metals Ltd
Testimonial for our Debt Recovery Solicitors from Holme Dodsworth Metals
We are always delighted when our team of debt recovery solicitors receives a positive testimonial from a client, as in this case from Holme Dodsworth Metals.
“The Commercial Debt Recovery Solicitors at Lane & Co have been acting on our behalf for over 10 years. They offer us a constant high level of professional service w… Read more
Holme Dodsworth Metals
Lane & Co provide a user friendly and economical service which has had a positive impact on our cashflow and debtor days. Whilst many debtors pay at the first letter, Lane & Co’s expertise in commercial recovery ensures efficient management of claims against even the most recalcitrant debtors, from the issue of proceedings to enforcement. I am happy to have recommended Lane & Co to numerous busine… Read more
Matthew RobsonLegal DirectorCPI Group
Our Commercial Debt Recovery Solicitors Enforce £220,000 Debt Payment Following Issuing of a Winding Up Notice
In this case, our Client was owed a debt of £220,000, a significant sum, which needed to be settled quickly. As commercial debt recovery solicitors, we have a number of business debt enforcement tools that we can use if a Letter before Action does not achieve the desired result. We serve… Read more
Business Debt Enforcement Case Study