Debt Recovery

Often, it is not just businesses that encounter the need to recover a debt, but individuals as well who may have money owed to them by friends, family, or businesses. There are various reasons why a debt can occur, and some of the most common debts that individuals are owed include:

• Personal loans to family members, friends, or former partners (written or verbal agreements);
• Loans given to businesses, employers, or startups;
• Proceeds from the sale of personal belongings (car, tools etc.);
• Rent owed by a former lodger/tenant;
• Unpaid wages from an employer;
• A bounced cheque or unpaid bank transfer;
• Debt due under a promissory note;
• A deposit that hasn’t been returned;
• A refund that was agreed but not repaid.

How can our Debt Recovery Team help you to recover a debt?

If you haven't been successful in obtaining repayment, our team of debt recovery solicitors can provide guidance on the best course of action. They will assess your individual circumstances, including the amount of debt and the likelihood of a dispute arising with the debtor. Other factors they consider include:

• Assessing the details of the debt such as its origin and any agreed-upon repayment terms.
• Determining if there is a dispute or potential counterclaim regarding the debt.
• Evaluating the debtor's financial situation and the likelihood of repayment if they are experiencing financial difficulties and have no assets for recovery.
• Ensuring compliance with the relevant Pre-action Protocols for Debt claims.  We can ensure compliance with the Protocol and assist in negotiating a resolution without taking court action unless such action becomes absolutely necessary.  Failure to comply with the protocol may result in the dismissal of the court claim or court sanctions being imposed against the creditor.
• Alternative Dispute Resolution/Mediation – an unreasonable refusal to consider such a course prior to and during any court proceedings can result in sanctions being imposed, event against a successful party.
• Considering the options of court proceedings for securing a County Court Judgment (CCJ) if all other avenues have been exhausted. A CCJ is an enforceable court order requiring the payment of the debt.

Our dedicated Debt Recovery Team has successfully assisted numerous clients in recovering outstanding personal debts.  For more information or to discuss your situation with our friendly team, please contact us on 01926 491 181.

This area of work is under the ultimate supervision of Sioban Calcott.