Debt Recovery
DEBT RECOVERY SOLICITORS & SERVICES BOURNEMOUTH
Time is generally of the essence in pursuing a commercial debt which is overdue. Debt recovery can be particularly difficult with small debts or where paperwork to prove the debt is not completely in order. A flexible, commercial, cost/benefit approach is generally required.
The value of instructing solicitors rather than debt collectors can be somewhat arbitrary in that some debtor swill take payment of a debt more seriously if a solicitor is instructed by the creditor, but it is also the case that some debtors will be familiar with which law firms pursue bulk debts at low cost in the same way as debt collection agencies and simply ignore them. Frankly, there is no right or wrong way to approach such situations. Bournemouth debt recovery solicitors consider each instruction on it’s own merits, together with the best tactics to maximise recovery chances. Our approach focuses on :-
- Fast assessment of can’t pay or won’t pay
- assessing any defence or counterclaim
- the legal issues on recovery i.e is there a legally enforceable contract
- Debt value – is the debt above or below the small claims threshold of £5,000.00
- If the debt is over £750.00 is the use of a statutory demand a viable option
Bailiffs’ rights re residential and commercial premises
In order to enforce a judgment, an option often considered is seizing goods from the debtor’s premises. However, there are strict rules governing when bailiffs and High Court Enforcement Officers (HCEO) can go into commercial and residential premises.
The bailiffs or HCEO cannot request an access to residential properties except if they have a signed walking possession agreement. However, they can go into garages, around houses, or stables by force, if these are not associated with the living accommodation. It is good practice to check whether the premises are rented and whether the landlord is aware of the situation.
Normally, HCEOs have better rights to go into commercial premises by force. This is only allowed if the commercial premises are not a part of residential premises. The HCEO can take goods on a first visit. Bailiffs are not allowed to force entry to commercial premises unless they have the Court’s permission.