debt recovery enforcement seminar - 17 september 2013
DESCRIPTION
TRANSCRIPT
clear practical advice
Debt Recovery and Enforcement
Leigh Ferguson and Greg Kilvington
17 September 2013
Speakers
Greg Kilvington: SolicitorCommercial Litigation
Leigh Ferguson: Legal ExecutiveCommercial Litigation
Sarah Roscoe: Andrew Wilson & Co.
Karl Harrison: Andrew Wilson & Co.
Areas of Interest
Credit control; ‘top tips’
Letter before action
Making the most of your Claim
Practical considerations Recent changes
Enforcement
Credit Control; ‘top tips’
Know your customer
Provide terms and conditions
Credit limits (and stick to it)
Accurate and timely invoicing
Formal credit control procedure (and stick to it)
Credit Control; ‘top tips’
Phone (not just email)
Resolve disputes early; record the resolution
Deal with excuses
Paper trail
Be proactive
Letter before action “LBA”
Step 1 in the Court Process
The Civil Procedure Rules 1998 (PDPAC or any other pre-action protocols)
Know your customer – address for service
What are you claiming and why?
Letter before action “LBA”
Terms and Conditions – are they incorporated?
What will you do if payment is not received?
Claim / Stat’ Demand / Retention of title
Prescribed information – individual/corporation
Making the most of your Claim
Point of no return
Issue your claim
Interest (Contractual and/or Statutory)
Statutory Compensation, if applicable
Practical Considerations
Defence?
Allocation – location?
Evidence – witnesses
Documents – preservation
Trial – public
ADR
Recent Changes
Jackson
Northampton Bulk Centre
Money Claims Online
The Courts
Allocation – Small Claims
Andrew Wilson & Co
Presentation to Presentation to
Watson Burton Watson Burton LLPLLP
By
17 September 2013
Introduction to Andrew Wilson & Co, Introduction to Andrew Wilson & Co,
High Court Enforcement (HCE) byHigh Court Enforcement (HCE) by
Sarah Roscoe Sarah Roscoe Director of Cerberus Group and Andrew Wilson & Director of Cerberus Group and Andrew Wilson &
Co.Co.
Market-leading Market-leading performance resultsperformance results
• Privately-owned business• Leading HCE for recovery of judgment debt• Based in Salford, Manchester with nationwide
bailiff coverage• Currently receive 12,000 judgments for
enforcement per year• Employ bailiff team rather than subcontract• Unique to HCE market with all support services
within the group• Our clients are protected from exposure to costs• We only get paid on success
HCE presentation by HCE presentation by
Karl Harrison Karl Harrison An An HCE Officer and Director of Andrew HCE Officer and Director of Andrew
Wilson & CoWilson & Co
HCE key datesHCE key dates• 1833 – First Wilson family became Under
Sheriff• 1977 – Andrew Wilson originally in control of
North West/appointed Under Sheriff of three counties
• 2004 – removal of bailiwick restrictions
What is a HCE officerWhat is a HCE officer
• Understanding his powers: breaking in• Residential property and commercial property• HCE Officer or County Court Bailiff?• Who use an HCEO to recover debt• Robust enforcement: firm but fair• Speed
Any questions?Any questions?
Enforcement
Writ – High Court
Orders to attend court for questioning
Third party debt orders
Charging Orders
Attachment of Earnings – County Court
Questions ?