Debt Recovery
Sometimes, tenants will fall into arrears, invoices will become unpaid, and clients will have to deal with various breaches of contract.
This is where Ashley Taylors Legal can help. We understand how important it is to recover monies owed to you swiftly and effectively to protect your own financial security. For private and commercial landlords who do not wish to obtain possession of their property/forfeit their lease but want to recover any outstanding rent, debt recovery is a viable option to consider.
Our specialist team of dispute resolution lawyers can assist in recovering outstanding monies owed to you by using three different stages of debt recovery.
How Ashley taylors legal Helps With Debt Recovery
1
Pre-litigation (Letter before action)
A letter before action setting out details of the debt and a deadline for payment will be sent to the debtor in the first instance.
The purpose of the said letter is to notify the debtor of an impending court action if the debt remains unpaid. The debtor may pay promptly upon receipt of the letter.
We will engage with the debtor to negotiate a repayment plan that works for you. Majority of the time, the letter before action is sufficient to resolve the dispute.
However, there are instances where the debtor may not be willing to engage, which leaves the creditor with no other option but to instigate legal action.
2
County Court Proceedings
If after serving the said letter the debt remains unpaid, we will issue a money claim to obtain a County Court Judgment against the debtor.
Typically, in most circumstances, a claim can be issued via the Money Claims Online Portal; however, it may be necessary to issue the claim manually if the details of the claim are complicated.
Once the claim is issued, the debtor will have 14 days from the date of service of the claim form to either file a defence or an acknowledgement of service (“AOS”). If an AOS is filed, it will extend the time the debtor has to file a defence from 14 days to 28 days from the date of service. In the absence of a defence or AOS, the creditor can request judgment in default against the debtor. Once the judgment has been entered, the creditor can subsequently take steps to enforce it.
3
Enforcement
See our enforcement section for more information.
At Ashley Taylors Legal, we are committed to recovering the debt you are owed.
Our team of experienced lawyers take a pragmatic and commercial approach to provide a solution. In the event that the matter becomes contentious, we will guide you through the process, making sure that the recommended options are cost effective and in line with your objectives.
Contact Ashley Taylors Legal
To find out more about our services or to arrange a meeting to see how we can help please fill in this form.
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