If you are owed money and pursuing it is wasting time and swallowing your resources, let us help. In the current climate, many smallish companies have money tied up in loans that were outstanding. Frequently this has dire consequences for money flow and for the companies long term outlook.
Earning debt from Scotland is simple -- at least in theory. Our debt recovery solicitors can help you :
Sending your debtors a letter notifying them of the amount, rough payment and notifying them that action will be taken if they do not make payment as requested. The vast majority of debtors cover at this point.
When it does not work, we will start legal proceedings with your consent.
In case the claim is not disputed, we will take all measures to apply the debt.
If the claim is disputed, we'll proceed to litigation on your behalf.
At all phases of this procedure we'll keep you informed. If you're having trouble with debtors, then we can help.
Retrieval of outstanding debt is significant to all organisations and individuals in the present financial climate. We work hard to increase your return by, where appropriate, trying to recover contractual or statutory interest, compensation fees and judicial expenses.
If you're owed cash, we can help. Our debt recovery lawyers have extensive experience of recovering our customers' loans that are outstanding.
How to Recover Debt Scotland
We have an experienced Debt Recovery Team who will help with all aspects of debt recovery, if the debt is secured and unsecured. Our Team will offer you a complete and professional service, at a economical rate. Our solutions range from issuing initial demand letters through the raising of court actions into enforcing decrees and insolvency proceeding.
Our debt collection staff advise on:
Pre-Litigation Procedures
Enforcement
Cross-Border Debt Procedures
We aim to create long lasting, collaborative relationships with our clientele. To that end we are aware that all clients have particular requirements and requirements in regard to the retrieval of any debt for them. We aim to take this into consideration in the beginning of any subject in order to help enhance a restoration. Our experience indicates that we take into account the conditions and objectives of each individual client, the customer's priorities and some special issues that might arise throughout the course of the process. We can provide advice in relation to pre-litigation and training, with a view to encouraging clients. We can assist in advising clients in regard to their own credit control processes if needed.
Our Solicitors have extensive courtroom experience in dealing with debt actions including increasing and protecting actions and appeals in the sheriff courts through Scotland and the Court of Session. We can raise activities for recovery of trades on behalf of the commercial clients and individuals. Our attorneys have experience acting for any variety of public sector organisations and counsel a range of Property Management companies regarding a huge array of housing issues including factoring arrears, programmable repairs, rent arrears and other debts matters. In addition, we give information to clients in regard to actions for recovery of ownership of property.
Our staff has experience in addressing a variety of complex issues. Our staff is encouraged by experienced people in our firm to present a complete business service.
Our experienced personnel and practices ensure the highest caliber of service is always and effectively delivered. Our staff prioritise and progress instances quickly and effectively.
Pre-litigation Collection Agency Regulation: Licensing Attorney General - State of ... Advice
We can aid in pre-litigation procedure, and we would talk about your situation and options available.
In some cases, the very first step would be to issue a demand letter to the borrower advising that we are educated on your behalf. We can help you in this regard. A pre-litigation letter advises a debtor of the circumstance and needs payment to avoid legal action. The correspondence is intended to prompt a response and payment by the debtor.
In the event that payment isn't forthcoming, consideration will then be given to raising court proceeding.
The sort of court action required on your benefit depends upon your own circumstance. If action is required to recover payment, the actions necessary to be raised depends on the amount . In the event the debt will be less than #3,000 a small claims proceedings are appropriate, in the event the debt is more than 3,000 but less 5,000 a summary cause actions could be increased and where the debt is over #5,000 a typical action should be increased.
You can find court rules that are unique to each kind of activity and also our Debt Recovery Team have capable of raising all sorts of recovery activities in the Sheriff Courts and may give the appropriate advice and guidance specific to your individual case.
Please contact our Debt Recovery Team to discuss your personal needs.
Enforcement
After successful court proceedings, the Courts problem an awarding Decree (a written judgement) and enforcement could be undertaken to recoup the debt, even if necessary. We'll be delighted to advise on how to enforce the Decree and recover payment.
When you have obtained a Decree (an award from the courtroom in your favor ) for recovery of money due to you, enforcement requires to be contemplated using several methods of diligence. "Diligence" is a phrase employed in Scotland to describe the various methods available to you to enforce the court order.
The first step in moving with any diligence in Scotland would be to serve a fee for payment on the party which you've been awarded decree against. A fee for repayment is a formal demand for repayment functioned by Sheriff Officers for repayment of the amount due a Decree, including any expenses and interest. A fee for payment is a two days notice to the borrower to make payment. If the borrower does not make payment or arrangement over the specified fourteen days period you can then proceed with additional diligence. Our Debt Recovery Team will be delighted to go over any facet of authorities alongside you.
A Decree allowed in a Scotland Sheriff Court could be enforced in England. To apply a Decree in England you must use to the court which allowed the decree to get a certification of cash provisions. We can aid in this process which includes preparing and lodging an affidavit with the Sheriff Court, which the first court action proceeded. The affidavit most be sworn by a notary public.
When the certificate of cash provisions is obtained that this requires to be lodged for authorities with the relevant court in England. We work with experienced agents in England and can help out with registering the debt in England and implementing the same. Should you wish to speak to an attorney to Learn More on enrolling a decree in England please phone our Debt Recovery Team on 0141 248 3456
It is also feasible to enforce a British or Welsh Court Judgment from Scotland and we can assist with this procedure. The initial step would be to acquire a certification of money provisions from the courtroom where the initial judgement was obtained. The certificate must be enrolled within six weeks of the date of issue. Once receipt of the enrolled certification is received, authorities in Scotland may be considered and progressed on your behalf.
If you're thinking about sequestration for a process of debt recovery you should be conscious that sequestration does not guarantee recovery of all sums due to you personally by a debtor. The borrower may, as an instance, have added lenders and the debtor's trustee would is need to disperse funds equally to all lenders on discharge of the debtor's repayment period of bankruptcy.
Our debt recovery team has significant experience acting on behalf of customers trying to recover amounts from a debtor by applying for their sequestration. We also have good relationships with Insolvency Practitioners, who will assist creditors in Assessing recoveries out of debtors.
If You Are Thinking about 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 commercial court at Glasgow because its introduction in 1999. He has over 20 years of experience in volume debt recovery and provides a full assortment of debt recovery advice to corporate and institutional clients, in addition to individuals.
He originally headed up the debt division in Kidstons Solicitors, Glasgow. Thereafter, following the merger of Kidstons using a mid-sized Edinburgh firm he headed up the debt recovery department and assisted in achieving Legal 500 and Chambers rankings for debt recovery.
Director and his staff understand how much customers appreciate successful debt recovery services especially in the present climate. Our clients trade both north and south of the border and litigate in both authorities. Our staff are able to assist in looking for recovery of trades UK wide. The key for customers is not only receiving an order in the court. The clients want to acquire payment of debts due to them. David and his team will guide their customers through the appropriate legal procedures with a view to attaining an expeditious and cost effective recovery.
Experienced solicitor within our dispute resolution and litigation department. She advises on a broad range of issues including debt recovery, alternative dispute resolution and contractual issues. She frequently appears in juvenile courts running litigation in any respect stages of the judicial process. She manages agency directions for out of town attorneys and provides substantial donation to our debt recovery staff in both regular and evidential hearings in cases affecting all values of debt. She often liaises with supporters in relation to complex or Court of Session work and takes court appointments because a reporter and curator in juvenile court child care cases.
Paralegal, with attended Strathclyde University and completed classes in Civil Court Procedure and Family Law. She was qualified for over 15 years at Civil Court Practice.
She is involved read this post here in all aspects of debt recovery, such as increasing small claim/summary cause and frequent trigger actions in the Sheriff Court and the authorities of Decrees acquired. Our Debt Recovery Team behave on behalf of some of Housing Associations and Home Managers and Diane is the direct contact for many of these customers. Diane also has experience in appearing that the Sheriff Court in relation to heritable activities concerning termination of tenancies and also the recovery of rental. She attends Court for Diets of Assessments and appears prior to the Auditor of Court compared to Taxations.
She also has experience in some Family Law matters including simplified divorce procedure and the drafting of Minutes of Agreement.
Diane is a part of the Scottish Society of Specialist Paralegals, with become a member when the Society was set along with Strathclyde University and also CLT Scotland.