If you're owed cash and pursuing it is wasting time and swallowing your resources, let's help. In the current climate, many small companies have cash tied up in loans that are outstanding. Often this has dire consequences for money flow and thus for the businesses long term outlook.
Recovering debt in Scotland is straightforward -- at least in theory. Our debt recovery lawyers can help you :
Sending your debtors a letter notifying them of the amount, demanding payment and notifying them that actions will be taken if they don't make payment as requested. The majority of debtors cover now.
If this does not work, we'll start legal proceedings with your consent.
If the claim isn't contested, we will take all measures to apply the debt.
In the event the claim is disputed, we will proceed to lawsuit on your behalf.
At all phases of the procedure we'll keep you informed. If you're having trouble with debtors, then we can assist.
Recovery of outstanding debt is valuable to all organisations and individuals in the current financial climate. We endeavor to increase your return by, where appropriate, trying to recover contractual or statutory interest, reimbursement charges and judicial expenditures.
If you're owed cash, we can assist. Our debt recovery lawyers have extensive experience of regaining our customers' loans that are outstanding.
Our Team will offer you a complete and professional company, in a cost effective rate. Our services vary from issuing initial demand letters throughout the raising of court actions to enforcing decrees and insolvency proceedings.
Our debt collection team advise on:
Pre-Litigation Procedures
Enforcement
Cross-Border Debt Procedures
Sequestration & Bankruptcy Procedures
To this end we're conscious that all customers have specific requirements and requirements in relation to the recovery of any debt due to them. We aim to take this into account at the outset of any subject in order to help enhance a recovery. Our expertise ensures that we take into consideration the conditions and goals of each individual client, the customer's priorities and some special issues that might arise during the course of the process. We can offer advice in relation to pre-litigation and training, with a view to supporting customers. We can assist in advising clients in relation to their own credit management procedures if required.
Our Solicitors have extensive courtroom experience in dealing with debt activities including raising and defending actions and appeals from the sheriff courts throughout Scotland and the Court of Session. We can raise actions for recovery of debts on behalf of the commercial clients and individuals. Our solicitors have experience acting for a range of public sector organisations and counsel a variety of Property Management companies regarding a wide variety of housing matters including paychecks arrears, programmable repairs, rent arrears and other debts matters. In addition, we give information to clients in relation to actions for recovery of ownership of land.
Our staff has experience in handling various complicated problems. Our staff is supported by experienced individuals in our firm to provide a full business service.
Our experienced staff and practices ensure the maximum quality of service is always and efficiently delivered. Our staff prioritise and progress cases quickly and efficiently.
Pre-litigation Debt Collection Agency TIBCO Software Advice
We can help in pre-litigation process, and we would talk about your situation and options available.
In some cases, the first step is to issue a demand letter to the borrower informing that we are instructed on your behalf. We can assist you in this aspect. A pre-litigation letter informs that a debtor of the situation and demands payment to avoid legal actions. The correspondence is intended to prompt a response and payment from the debtor.
In the event that payment isn't forthcoming, consideration would then be dedicated to increasing court proceedings.
The type of court action required on your benefit depends upon your own situation. If action is needed to recover payment, the actions required to be raised is based on the amount due. If the debt is less than 3,000 a little claims proceedings are right, if the debt is more than #3,000 but less than #5,000 a summary cause action could be increased and in which the debt will be over #5,000 an ordinary action should be increased.
You can find court rules that are unique to each type of activity and our Debt Recovery Team have experience of increasing all kinds of recovery activities in the Sheriff Courts and can supply the right advice and guidance unique to your personal circumstance.
Please contact our Debt Recovery Team to talk about your own individual needs.
Enforcement
Following successful court proceedings, the Courts issue an awarding Decree (a written conclusion ) and enforcement could be undertaken to recoup the debt, even if needed. We'll be happy to advise on the best way to apply the Decree and regain payment.
As soon as you have obtained a Decree (an award from the courtroom in your favor ) for recovery of cash due to you, enforcement requires to be considered using several techniques of diligence. "Diligence" is a phrase used in Scotland to explain the numerous methods available for you to apply the court order.
The first step in moving with any diligence in Scotland would be to serve a fee for payment on the celebration you've been granted decree against. A charge for repayment is a formal requirement for repayment served by Sheriff Officers for payment of the sum as a Decree, including any expenses and interest. A charge for repayment is a two day notice to the borrower to generate payment. If the debtor does not make payment or agreement within the specified fourteen days period then you can proceed with additional diligence. Our Debt Recovery Team will be delighted to talk about any element of authorities with you.
Cross Border Debt Recovery Procedures
A Decree allowed at a Scotland Sheriff Court could be enforced in England. To apply a Decree in England you must use to the court which granted the decree to obtain a certificate of money provisions. We can aid in this procedure including preparing and lodging an affidavit together with the Sheriff Court, which the original court action jumped.
Once the certificate of cash provisions is got this requires to be lodged for enforcement with the relevant court in England. We work with experienced agents in England and can help out with registering the debt in England and enforcing the same. Should You Would like to speak to a solicitor to Learn More on registering a decree from England please phone our Debt informative post Recovery Team on 0141 248 3456
It's likewise possible to enforce a British or Welsh Court Judgment at Scotland and we can help with this procedure. The initial step would be to get a certification of money provisions from the courtroom where the original judgement has been obtained. The certification has to be registered within six months of the date of issue. Once receipt of the documented certificate is received, authorities in Scotland may be considered and progressed on your behalf.
If you are contemplating sequestration for a process of debt recovery you must be conscious that sequestration does not guarantee recovery of sums due to you by a debtor. The borrower may, as an example, have added lenders and the debtor's trustee will be require to disperse funds equally to all creditors on release of the debtor's repayment phase of bankruptcy.
Our debt recovery team has significant experience acting on behalf of customers seeking to recover sums from a borrower by using to their sequestration. In addition, we have good relationships with Insolvency Practitioners, that will help creditors in maximising recoveries from debtors.
If You Are Thinking about sequestrating a debtor and would like to Talk to a solicitor please telephone our Debt Recovery Team on 0141 248 3456
He has ample expertise in commercial law disputes and continues to be an enthusiastic participant at the commercial court at Glasgow since its introduction in 1999. He has over 20 years of experience in volume debt recovery and supplies a broad assortment of debt recovery information to institutional and corporate clients, as well as individuals.
He originally led up the debt department at Kidstons Solicitors, Glasgow. Thereafter, following the merger of Kidstons with a mid-sized Edinburgh firm he headed up the debt recovery department and helped in attaining Legal 500 and Chambers positions for debt recovery.
Director and his team understand how much customers appreciate effective debt recovery services especially in the present climate. Our clients trade both north and south of the boundary and litigate in the two jurisdictions. Our staff can help in seeking recovery of debts UK wide. The key for customers is not just receiving an order from the court. The clients want to acquire payment of debts due to them. David and his staff can guide their clients through the appropriate legal processes with a view to attaining an expeditious and economical recovery.
She's worked in private practice since 1993. She regularly appears in sheriff courts conducting litigation at all stages of the judicial procedure. She handles agency instructions for out of town solicitors and offers significant contribution to our debt recovery staff in both routine and evidential hearings in cases involving all worth of debt. She regularly liaises with advocates in regard to complicated or Court of Session job and accepts 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 in Civil Court Practice. Diane co-ordinates our debt recovery department.
She is involved in all aspects of debt recovery, including increasing small claim/summary cause and ordinary cause actions in the Sheriff Court and the authorities of Decrees obtained. Our Debt Recovery Team act on behalf of a number of Housing Associations and Home Managers and Diane will be the direct contact for a Number of These customers. Diane also has experience in emerging the Sheriff Court in regard to heritable actions regarding termination of tenancies and also the retrieval of rental. She also attends Court for Diets of Assessments and appears before the Auditor of Court in relation to Taxations.
She also has expertise in some Family Law matters such as simplified divorce process and also the drafting of Minutes of Agreement. She completed her Family Law Paralegal Course at 2005.
Diane is a part of the Scottish Society of Specialist Paralegals, having become a part when the Society was set in conjunction with Strathclyde University and also CLT Scotland.