Our debt recovery service in Northamptonshire
In general, most business debts can be recovered quickly once we become involved and we have a number of different strategies we can use.
Letter Before Action
Our first step is usually to draft a Letter Before Action and send this to the person who owes the debt. This letter will state exactly how much is owed, when the amount was originally due and will warn the debtor to pay the outstanding amount promptly or further action will be taken. In many cases, a solicitor’s letter of this nature is enough to prompt payment.
Court Proceedings
If the debtor still does not pay what they owe or offer an acceptable explanation and solution, we will then usually proceed to issue court proceedings against them. This will include submitting a Claim Form and Particulars of Claim to the relevant court, stating the amount owed, plus any interest to be applied and a contribution towards your legal costs.
The court will then issue these documents to the debtor on your behalf, giving them 14 days to make a payment or challenge your claim. If the debtor challenges your claim, they will be given an additional 14 days to submit a defence.
County Court Judgements
If the debtor does not make a payment, reach an agreement with you, or submit a defence within the 14 day time limit (or their defence is rejected by a judge) the court will then issue a County Court Judgement (CCJ) against them.
This CCJ will appear on the debtor’s credit record, making it very difficult for them to borrow money in future. The threat of a CCJ will often prompt even the most reluctant debtors to pay you what they owe.
Enforcement actions
Once a County Court Judgement is issued, if the debtor still fails to pay, there are further steps we can take to enforce the judgement.
These include:
Warrant of Execution – Issued by a court, this empowers a court-appointed bailiff to trace the debtor, visit them and demand payment. The bailiff will have the right to seize goods from the debtor to the value of the Judgement if they cannot or will not pay.
Charging Order – This attaches a charge to the debtor’s property, meaning that if they decide to sell or re-mortgage the property, a portion of the money raised will be taken to repay the debt to you.
Order of Sale – This forces the debtor to sell their property and repay their debt using the proceeds from the sale.
Attachment of Earnings Order – This can be used to force the employer of an individual who owes you money to deduct a percentage of their monthly salary to repay what you are owed.
Why use Franklins’ debt recovery solicitors in Northampton?
Franklins Solicitors has been established for over 30 years. We employ over 100 staff across our offices in Northampton and central Milton Keynes. We aim to be one of the most technologically advanced firms of solicitors in the country, adopting the latest innovations and combining them with our established legal expertise to provide a truly modern approach to the law for our clients.
We are accredited to ISO 9001 standard and Lexcel accredited by the Law Society, as well as being a recognised Investor in People. These achievements reflect our commitment to providing excellence as standard, not as an exception.
Contact our expert Northamptonshire debt recovery solicitors
Need help recovering a debt in Northamptonshire? Contact our expert debt recovery solicitors in Northampton by calling 01604 828282 or click on the “next step” button below to request a call back.