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Help with personal debt recovery

As Covid-19 bites into everyone’s life, debts are spiralling, with some estimating that household borrowing and debt arrears have surged by over £4bn since May.

While the government has extended furlough payments until March, policymakers have put a 6-month cap on the credit amnesty, putting even more pressure on people.

Are you owed money?

If someone owes you money you will want to try and recover it as quickly as possible.

If they are unable to pay that’s one thing, but if they are slow to pay or are refusing to pay, then there are debt recovery options open to you. Which option you choose will depend on the amount of money you are owed.

Formal letter

Sometimes a formal solicitor’s letter is enough for to convince your debtor that you are serious about recovering the money they owe.

Mediation

You could try mediation where an impartial mediator will help both sides to reach an agreement.

Court system

If the debt is less than £100,000 and is owed by no more than 2 people or organisations, you could use the online debt recovery service.

Statutory demand

If the debt is more than £100,000 and less than 6 years old, you can use a statutory demand. This will give the debtor 21 days to either pay off the debt or reach an agreement with you about how they plan to pay you. If the debt is more than 6 years old you will need to take legal advice.

Bankruptcy

If the person or organisation has filed for bankruptcy, you will need to register your claim straight away. You might not be able to recover all the money owed but you should receive something.

Need legal help?

If you don’t have the time or desire to chase the debt yourself, we have an expert debt recovery team that can help in a range of ways – call and have a no obligation chat about your options 01302 320621.

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Essential steps to effective debt recovery

Author: Sarah Naylor

For any business, having unpaid invoices on the books is frustrating and can have a serious impact on cash flow; particularly for small businesses.

It is important to keep on top of invoices and not delay chasing payment. Yet, unpaid invoices are often left for much longer than they should be, simply because business owners are unsure how to deal with the situation.

If an invoice is outstanding, despite reminders, the next step is to start a debt recovery process. This will involve a solicitor sending the debtor a formal letter before action. If payment is not made then court proceedings can be issued to recover the money.

Court action may seem daunting but research shows that the formal letters sent by solicitors result in two thirds of outstanding invoices being paid within seven days, removing the need for any further action. They also demonstrate to customers that you are on top of your business operations and expect to be paid on time.

You can help protect your business with these simple steps:

  1. Have clear payment terms written in your contract with the other party and also clearly stated on your invoice
  2. If you do not have contacts in place we would recommend that you consider having these drawn up, whether working with someone as a one off or on a repeat basis, a lack of written terms can really put your business at risk if things go wrong or a dispute arises
  3. Don’t delay chasing payment any outstanding invoices. When the payment terms are up (e.g. 21 days), send a polite reminder. If payment isn’t received within 7 days consider having a solicitor send a formal letter before action to chase the payment.
     

Do you have a problem with overdue invoices?

We have a team of experienced solicitors who can help recover the payments due and offer a fixed cost service for preparing and sending letters before action. Contact us on 01302 320621 or email business@athertongodfrey.co.uk