UK Debt Recovery

1. The pre-action protocol complaint letter
This is a letter sent to the debtor providing them with full details of the debt, when it should have been paid and any extra interest or fees that are now payable by them.  It sets a deadline for payment and then outlines the process for a County Court Judgment (CCJ) should this deadline not be met.

2. Issuing proceedings
If our team do not receive a response to the initial letter, legal proceedings are issued through the County Court.  The Court will issue a claim form requiring the debtor to make payment of the debt (and interest and/or fees) within 14 days.  The Court fees vary according to the level of debt but our team can advise you of the same at the outset of the matter.

3. County Court Judgment (CCJ)
The Court orders the debtor to pay.  Once you have this judgment, you can take steps to enforce this judgment to collect your debt.

4. Enforcement
There are a variety of different ways you can ‘enforce’ a judgment and recover your money.  We will advise you on the most appropriate action, depending on the amount of debt and the circumstances of the debtor.  Once you have decided how to proceed, we will manage the process on your behalf, making sure you get your money back as quickly as possible.

High Court Enforcement Officer
If your debt is more than £600, this is the most effective way to recover money. The HCEO is employed by a private company and is paid on results, which means they have the incentive to collect your debt. Professional Legal Collections has a long-standing professional relationship with a team of highly skilled Enforcement Officers who promote firm but fair enforcement. Their agents visit the debtor’s premises to secure payment or to take control of the debtor’s assets to the value of your debt.

County Court Enforcement Officer
You can use this method of enforcement for debts under £600. As an employee of the Court, the CCEO is not incentivised to collect debts and this can therefore have a limited impact.

Third-Party Debt Order
This allows you to take the money from someone who holds or owes the debtor money. With this order, you can freeze money in the debtor’s bank account and recover your claim directly from their bank or other third-party.

Attachment of Earnings
Through this order, the money you are owed is paid directly to you from the debtor’s salary, as a monthly sum. The money is sent to the Court and forwarded to you. You need to know the name and address of the debtor’s employer to pursue this action.

Charging Order
This enforcement secures the debt against the debtor’s property, this secures it for the long-term until the property is conveyed. You can usually only force an order for sale of a property where your debt is over £15,000.

Order to Attend Court for Questioning
This requires a debtor to attend Court to answer questions on their finances. You don’t gain payments from this process, but it may help you understand the best enforcement method to use. The longer you leave a debt uncollected, the harder it is to recover.