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Debt Recovery Enforcement Seminar - 17 September 2013
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Debt Recovery Enforcement Seminar - 17 September 2013

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Published in: Economy & Finance, Business

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  • 1. Debt Recovery and Enforcement clear pr acti cal advi ce Leigh Ferguson and Greg Kilvington 17 September 2013
  • 2. Speakers Greg Leigh Kilvington: Ferguson: Solicitor Commercial Litigation Legal Executive Commercial Litigation Sarah Roscoe: Andrew Wilson & Co. Karl Harrison: Andrew Wilson & Co.
  • 3. Areas of Interest Credit control; ‘top tips’ Letter before action Making the most of your Claim Practical considerations Recent changes Enforcement
  • 4. 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)
  • 5. Credit Control; ‘top tips’ Phone (not just email) Resolve disputes early; record the resolution Deal with excuses Paper trail Be proactive
  • 6. 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?
  • 7. 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
  • 8. Making the most of your Claim Point of no return Issue your claim Interest (Contractual and/or Statutory) Statutory Compensation, if applicable
  • 9. Practical Considerations Defence? Allocation – location? Evidence – witnesses Documents – preservation Trial – public ADR
  • 10. Recent Changes Jackson Northampton Bulk Centre Money Claims Online The Courts Allocation – Small Claims
  • 11. Andrew Wilson & Co
  • 12. Presentation to Watson Burton LLP By 17 September 2013
  • 13. Introduction to Andrew Wilson & Co, High Court Enforcement (HCE) by Sarah Roscoe Director of Cerberus Group and Andrew Wilson & Co.
  • 14. Market-leading performance 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
  • 15. HCE presentation by Karl Harrison An HCE Officer and Director of Andrew Wilson & Co
  • 16. HCE 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
  • 17. What 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
  • 18. Any questions?
  • 19. Enforcement Writ – High Court Orders to attend court for questioning Third party debt orders Charging Orders Attachment of Earnings – County Court
  • 20. Questions ?