Instructing us takes just a few minutes using our online account referral form.
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- When to send a Prove It letter about a debt.
We will commence action as soon as we receive your completed instruction form and copy invoices. Whilst we are proud of our information systems and search capabilities, we are also transparent, and therefore we are pleased to advise you that in most cases of late payment few if any of the potential questions we have highlighted above will be relevant. Late payment is almost exclusively due to cash flow constraints and debtors juggling their financial commitments.
If we receive your completed debt collection account referral form and copy invoices before 2pm, we can usually commence action and issue a Notice the same day. On day one of our instruction we will issue the debtor with a Notice by post. On day two we will send copies by email. When completing the account referral form, please supply as many email addresses as possible, usually the more people and departments within the business that receive a copy of the Notice, the more quickly the debt will be paid.
On day three we will commence telephone contact with the debtor. It is not unusual for debtors to make payment as soon as they receive our initial correspondence. If required we will continue to contact the debtor by letter, email and telephone for 14 days.
Debt Collection in the United Kingdom
In most cases a series of professionally structured debt recovery letters, emails and telephone calls demanding payment and explaining the serious consequences of non-payment and possible legal proceedings is enough to prompt payment. In the unlikely event that it is not possible for us to recover payment, the information gathered during the 14 day process will allow us to recommend to our client the most appropriate and cost effective further action.
This could be the issue of County Court proceedings or Insolvency proceedings, in which case we would provide full details on the process and the costs involved. In a small number of cases the debtor will be insolvent and it will not be possible for them to settle the debt. In cases where either it is financially unviable to pursue the debt through legal action or our client decides not to issue legal proceedings, Advocate will close our file in the matter.
Whatever the circumstances, when we close a file without recovering payment, the debt recovery services we have supplied are free of charge.
Prior to issuing a claim in the County Court the client would be required to pay both the Court fee and solicitors issue fee. The Court fee and solicitors issue fee to be paid are dependent on the claim value and are added to the total amount claimed in Court.
When to send a Prove It letter about a debt
Both fees would be included in the total sum awarded to the client should they be successful in obtaining Judgment. You should take in to account that the purpose of issuing a Winding up Petition is debt collection and therefore to force the debtor to pay the debt. Similarly if it becomes clear that the debtor is insolvent and it is not possible for them to pay the debt, we would recommend that the proceedings are stayed, and again the deposit would be returned to you.
Should the Petition proceed to a hearing, the objective would be to recover all of the costs involved in issuing the Petition in addition to the principal debt. Should the debtor satisfy the Judgment within 28 of it being registered then they may apply to have the Judgment removed from the Register. Despite the serious financial consequences of a Judgment there is no guarantee that it will be paid, unfortunately many are not and Enforcement will be required.
Enforcing Judgment is the final phase of the debt collection process. There are several options with the most often used and usually the most cost effective option being the instruction of Bailiffs or as they are now titled High Court Enforcements Officers. Once this fee is paid the Judgment is transferred up to the High Court with an application for a Writ of Control.
If the debtor is unwilling or unable to make full immediate payment, the HCEO would seize goods to be sold at auction. It Works! We recover our costs from the Debtor The costs we claim from debtors are legally enforceable under current commercial late payment legislation and enable us to offer a completely free of charge to the creditor service.
Advocate represent businesses of all sizes in all sectors Our debt collection service is available to any business that has supplied goods or services to another business and has not received payment within the agreed payment terms. If we are unable to recover payment our service is Free of Charge In a small number of cases it will not be possible for us to recover payment of your invoices within 14 days.
What are the benefits of using Advocate debt recovery?
Why do creditors sell debts?
We enforce Late Payment Legislation and get your invoices paid Advocate enforce your legal rights, get your invoices paid, and provide your business with a completely free of cost debt recovery service. The Law is on our side One of the reasons that late payment has become such a problem is the reluctance of many businesses to use a debt collector. Have any other creditors taken debt collection action against the debtor? Are there any County Court Judgments registered against the debtor?
What to do & where to get help
If so have they been satisfied? Does the debtor have any mortgages or loans? If so are they in Default? Are there any Debentures registered against the debtor? Negative cash flow is the cause of most late payments Whilst we are proud of our information systems and search capabilities, we are also transparent, and therefore we are pleased to advise you that in most cases of late payment few if any of the potential questions we have highlighted above will be relevant.
Same day action with fast results If we receive your completed debt collection account referral form and copy invoices before 2pm, we can usually commence action and issue a Notice the same day.
And remember — if you do make a payment to them during a visit, get a receipt and be aware that they might come back for further repayments. Contact the creditor and tell them that you prefer to communicate via phone, email or letter, if you prefer. The main difference between debt collectors and enforcement agents is that the latter have legal power. County Court enforcement agents can collect most kinds of debts that individuals or businesses owe, but only once they have the County Court Judgement CCJ and if you have not paid the money you owe, according to Step Change.
Meanwhile, other enforcement agents can also visit you to claim payment for funds owed to the Government or local authority. Cathal McCabe, a lawyer at Downs Solicitors , who previously worked as a county court advocate for Ashley Taylors Legal where he dealt with possession claims and debt claims, explains:. There is also support available to you to help you cope with debt problems that you may want to take advantage of.
An enforcement agent cannot force their way inside your home and if you feel uncomfortable with their gender, you can request a female or male enforcement agent specifically by contacting them ahead of the visit. Citizens Advice recommends not letting the enforcement agent into your house, and instead chat to them outside, through the door or over the phone. There is one exception to this rule: if you owe a criminal fine, they are within their right to get inside by getting a locksmith, but this is rarely enforced.
If either party physically threatens you or anyone in your home, call the police and do not let them in. Scary word, we know, but we're hoping if we tackle this head on we'll be able to reduce the shame around money struggles and help everyone improve their understanding of their finances.
Throughout November we'll be publishing first-person accounts of debt, features, advice, and explainers. You can read everything from the month on the Debt Month tag. If you have a story to share, a topic you want us to cover, or a question that needs answering, get in touch at MetroLifestyleTeam Metro.