Debt Recovery Enforcement Seminar - 17 September 2013


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Debt Recovery Enforcement Seminar - 17 September 2013

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