How we recover your debt
Most debts can be recovered fairly quickly once we get in contact with the debtor, but where necessary there are a number of steps we can take to resolve the situation and recover the money you are owed.
Step 1: Letter Before Action
The first thing we will do is draft a Letter Before Action, stating exactly how much is owed and when the amount was originally due. We send this letter directly from Franklins Solicitors to the debtor, politely warning them that if the outstanding balance is not paid promptly, court action will be the next step.
Step 2: Issuing Court Proceedings
If the debtor still fails to pay or explain why they haven’t paid and agree a solution, the next step is to issue court proceedings against them. We will draft a Claim Form and Particulars of Claim as required, stating the amount of money owed, plus any interest that needs to be applied and a contribution towards your legal costs. We will then send these documents to the court for issue on your behalf.
The debtor will then have 14 days to make a payment or submit an Acknowledgement of Service giving them an additional 14 days to submit a defence.
Step 3: County Court Judgement
If no payment is received or agreement reached within a further 14 days and the debtor fails to file a defence, or they filed a defence but a Judge finds against them, they will then be issued with a County Court Judgement (CCJ). A CCJ will appear on the debtor’s credit record and this knowledge is a powerful incentive for most people to pay what they owe.
Step 4: Enforcement
If the debtor still fails to pay, it may be necessary to take action to enforce the County Court Judgement. There are several methods that can be used to achieve this:
Warrant of Execution – This is issued by a court and gives a court-appointed bailiff the right to trace the whereabouts of the debtor and visit them to demand payment. If the debtor still refuses to pay, the bailiff has the right to seize goods from them to the value of the Judgement.
Charging Order – This places a charge on the debtor’s property, similar to a mortgage. If the debtor then decides to sell or remortgage their property, they will be forced to use a portion of the money raised to repay the debt.
Order of Sale – You may also be able to apply for an Order of Sale, forcing the debtor to sell their property and repay the debt using the proceeds from the sale.
Attachment of Earnings Order – If owed money by an individual, rather than a business, an Attachment of Earnings Order can force the debtor’s employer to deduct money from their monthly salary to repay what you are owed.
Our expertise
Franklins has been established for over 30 years and employs over 100 staff, spread across our offices in central Milton Keynes and Northampton. We pride ourselves on being one of the most technologically advanced firms of solicitors in the country, combining broad legal expertise with the latest innovations to offer a truly modern approach to the law.
We are accredited to ISO 9001 standard and Lexcel accredited by the Law Society. We are also a recognised Investor in People. These attainments reflect our commitment to providing excellence as standard, not as an exception.
Get in touch with our expert debt recovery solicitors in Milton Keynes
Need help recovering a debt? Contact our expert debt recovery solicitors in Milton Keynes by calling 01908 660966 or click on the “next step” button below to request a call back.