Legal Recoveries & Enforcement

Pre-Action Protocol for Debt Claims (October 2017)

Prior to commencement of court action against a sole trader or an individual we are obligated to send a letter before claim (LBC) under the Debt Recovery Pre-Action Protocol.

The LBC must give the debtor 30 days to respond to the claim and includes an information form, reply form and a detailed income and expenditure form for completion and return.

If after 30 days there has been no communication or payment we would then seek your instructions for LRC to commence court proceedings through the Claims Production Centre through which claims that fit the relevant criteria are issued electronically and guaranteed to be issued and served upon the debtor within 48 hours.

THE PRE-ACTION PROTOCOL DOES NOT APPLY TO COMMERCIAL DEBTS

Legal Collections – Issuing your Claim and enforcement methods

Once court proceedings have started, the legal process is the same for individual and commercial debts up to and including Judgment.  Enforcement choices vary depending on your debtor type and the value.

Upon receipt of the claim the court will issue a Claim Form and serve this and an accompanying Response Pack on the debtor who has 14 days to respond. The debtor can either do nothing, defend the claim or admit the debt.

If the claim is defended, we can represent you throughout the process.

If the claim is ignored, we can request the court to enter Judgment. Once Judgment is obtained it will be registered upon the Register of Judgments, Orders and Fines and as such it is a public record.   The credit reference agencies will check the Register and any Judgments obtained will be added to that person’s credit file where it will remain for 6 years unless it is paid within the first month.  The entry of a judgment can affect someone’s ability to obtain credit.

If there is no payment offer or contact from a debtor once Judgment has been obtained there are a number of enforcements methods, we can use to recover the money and LRC’s legal team will advise you which one is appropriate.

 

The most common types of enforcements we use are:

1. High Court Enforcement Agent (HCEA)/County Court Bailiff

The HCEA is formally instructed under a Writ of Control for debts of £600 and above which allows the HCEA to attend at someone’s property (whether residential or commercial) for the purposes of recovering the debt in full.   If the HCEA is unable to obtain full payment it may seek to obtain a payment arrangement or, alternatively, seek to levy on goods to the value of the debt which could be uplifted and sold at public auction to satisfy the debt in full and all recoverable HCEA charges and additional interest.

LRC will instruct the County Court bailiff for debts up to a value £600 where appropriate. Court bailiffs work in a similar manner to the HCEA in terms of attending at a debtor’s property for the purposes of obtaining full or part payment and/or attempting to levy on goods to the value of the debt.

2. Attachment of Earnings

This is where the court initially orders the debtor to produce proof of income in the form of 6-8 weeks of salary slips and to complete a financial questionnaire and once received the court will make an order that the debtor repays the debt at a fixed sum per month.  If the debtor fails to respond to the court or breaks the payment arrangement ordered by the court, the court will then write to the debtor’s employer to provide information about the debtor.  The employer will then be ordered to deduct money directly from employee’s wages until such time as the debt, costs and interest are paid in full.  This is a very effective method if your debtor is in full time employment.  Should an employer choose to ignore the court then it could be liable for a fine or a short term of imprisonment.

3. Charging Order

If the debtor owns property either individually or jointly, an application can be made to the court for a charge (similar to mortgage) to be obtained.  If a charging order is granted then this is registered at HM Land Registry to be added to the property so that in the event of a sale or remortgage you are notified and ordinarily you would recover the amount claimed under the charging order together with continuing accruing interest.

4. Third Party Debt Orders

These cover the situation where the court may order that you are paid directly from an independent third party such as a bank, building society or trade debtor who holds or owes money for or to your debtor.

5. Debtor to Attend Court for Questioning

This is an order for the debtor to attend court and be questioned under oath about their financial circumstances.  The order, once issued by the court, must be personally served upon the debtor.  The debtor will be expected to attend court with any documentation that may be required such as proof of income, outgoings, and assets. This process is more of a fact-finding process to assist in making an informed decision as to the most appropriate method of enforcement where other information about a debtor may not be available.

LRC can help you with insolvency actions including Statutory Demands, Bankruptcy Petitions and Winding Up Petitions as well as Possession Orders and Return of Goods claims.

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Featured Customer Reviews

International Credit Insurance Client

We have been utilising the legal review services of Legal Recoveries and Collections (LRC) for the past few years, and we couldn’t be more satisfied. Their reviews are consistently thorough and informative, becoming an essential part of our pre-legal processes. This has significantly helped improve our recovery rates and reduced overall legal costs. The team at LRC are also very easy to work with and always available to provide professional advice when needed. We highly recommend their services.

North East Ambulance Service

As an NHS ambulance Trust, we don’t have in-house debt collection specialists, so find it difficult to pursue monies outstanding once our usual follow up process runs its course. LRC was recommended to us by another local NHS Trust and we approached them to find out what they could offer. We have been using LRC for nearly 3 years now and have not been disappointed. Our collection rate is circa 70% which represents a significant sum of money that is coming back into the NHS for patient care.

The team are very knowledgeable on the best route to recovery but will also advise when its just not financially viable to pursue a debt any longer. We have regular updates and meetings with Andrea the client services manager so everything is kept on track. It’s always our decision but LRC give us the best tools to make the right one.

London Metropolitan University

We have worked with Legal Recoveries and Collections for a number of years now and they have provided an outstanding service to us. We have worked closely with the team and have a good working relationship with both Rachel and Andrea. Their online portal is very user friendly. They have collected both pre-legal and post legal debts for us to a high standard and we would recommend their services to anyone considering using them going forward.

Utilita Energy Limited

We contacted LRC when we wanted to strengthen our collections processes and recover debt after we had exhausted our internal processes attempting to collect. From the off, LRC offered exceptional advice and support and helped us shape the way in which we approach collections. The team at LRC have a wealth of knowledge and experience which has enabled them to collect a significant amount of money on our behalf and through their professional approach have helped to change customer behaviour in many cases from infrequent to regular payers. LRC have tailored their collections activities to meet our needs and regularly make suggestions to make sure we spend our money wisely to ensure maximum return from their services . We are currently working with LRC to create a bespoke training package that they will deliver to staff across the business who manage and recover debt. I would not hesitate to recommend LRC for debt recovery.

James Paget University Hospitals

We have worked with LRC for about 9 years now and throughout this time they have provided us with good customer service and are always prepared to go that extra mile. Their recent gaining of ‘law firm’ status enables them to now handle the entire debt recovery process for us from pre-legal collections, through to legal proceedings and enforcement therefore ensuring continuity.

E.ON Energy Solutions

LRC have been an excellent organisation to work with. They aspire and deliver to a partnership principle rather than a transactional relationship and as such have helped to unlock our strategic deliverables. They really are prepared to give added value in these times of economic stress.

Frequently Asked Questions

1. What is the Pre-Action Protocol?

The Pre-Action Protocol, effective from October 2017, requires that before commencing court action against an individual or sole trader, we send a Letter Before Claim (LBC). This gives the debtor 30 days to respond, and it includes a reply form, an information form, and an income and expenditure form for the debtor to complete and return. Please note, the Pre-Action Protocol does not apply to commercial debts.

2. What happens after 30 days if the debtor does not respond?

If the debtor does not communicate or make payment within 30 days, we will seek your instruction to commence court proceedings through the Claims Production Centre. Claims that meet the relevant criteria are issued electronically and served on the debtor within 48 hours.

3. What are the options once court proceedings have started?

After court proceedings begin, the process is the same for individual and commercial debts up to the point of judgment. The debtor will receive a Claim Form and has 14 days to respond by either paying, defending the claim, or admitting the debt.

4. What if the debtor defends the claim?

If the debtor defends the claim, LRC can represent you throughout the process to pursue the best outcome for your case.

5. What happens if the debtor does not respond to the claim?

If the debtor does not respond, we can request the court to enter a Judgment. Once Judgment is obtained, it is added to the Register of Judgments, Orders, and Fines, and the credit reference agencies will include it on the debtor’s credit file for six years, unless the debt is settled within one month.

6. What enforcement methods are available after Judgment is obtained?

If the debtor does not pay following a Judgment, we have several enforcement options available, depending on the debtor’s circumstances. Our legal team will recommend the most appropriate method for your case.

7. What is a High Court Enforcement Agent (HCEA) and how do they work?

For debts over £600, a High Court Enforcement Agent (HCEA) can be instructed under a Writ of Control to recover the debt. The HCEA can visit the debtor’s property to recover payment in full, arrange a payment plan, or levy goods to sell at auction to satisfy the debt. For debts below £600, we may instruct a County Court bailiff who operates in a similar way.

8. What is an Attachment of Earnings?

An Attachment of Earnings is where the court orders the debtor’s employer to deduct money from the debtor’s wages to repay the debt. This is an effective method if the debtor is in full-time employment. The employer must comply with the court order or face penalties.

9. What is a Charging Order?

A Charging Order is placed on a debtor’s property (either owned individually or jointly) and is registered with HM Land Registry. This ensures that when the property is sold or remortgaged, you can recover the amount owed along with any accruing interest.

10. What is a Third Party Debt Order?

A Third Party Debt Order allows the court to direct payments to you from a third party, such as a bank or building society, that holds money for or owes money to the debtor.

11. What is a Debtor to Attend Court for Questioning order?

This is an order requiring the debtor to attend court and answer questions under oath about their financial situation. The debtor must provide proof of income, outgoings, and assets. This helps us decide on the most effective enforcement method when other information may not be available.

12. Can LRC help with insolvency actions?

Yes, LRC can assist with insolvency actions such as Statutory Demands, Bankruptcy Petitions, Winding Up Petitions, Possession Orders, and Return of Goods claims.

Get in Touch with Us

If you have any questions about our service or would like to discuss your matters with us in greater detail, please contact the Business Development Team on 0330 024 6342

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