Debt Recovery

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What is debt recovery?


Debt recovery is the legal process by which you claim back money off someone else who owes that money to you under a contract. At Driscoll Kingston, we have highly skilled debt recovery experts that can deliver a genuine and efficient service. Our debt recovery lawyers are fast, efficient and get the results you need. We are invoice debt recovery specialists, with a full, dedicated team handling undisputed invoice debt cases on a fixed-fee basis to deliver exceptional value for money. We guarantee we will make the process as stress-free as possible for you by recovering the debt as quickly as possible and at a fixed competitive price.


Letter before action


Since 1 Oct 2017, there is a new pre-action protocol for recovering a debt from an individual (including a sole trader) but this doesn’t apply to business to business debts otherwise. The new protocol is known as a letter of claim. A letter before action is the last letter you send to your debtor requesting that their debt is repaid immediately otherwise you will take legal action. The letter before action is important as it can be used in court to show that you have made every effort possible to contact the debtor and settle the issue outside of court. We will write an effective letter before action, which is more likely to convince the third party to pay their debt.


Court Action


After sending your letter before action, if the debtor chooses to ignore us or you are not satisfied with their response, then we will advise issuing legal proceedings against them. This means taking your debtor to court. If the debtor fights the case then the judge will decide the outcome of your debt recovery claim. We will provide you with expert advice and representation throughout, including arranging a barrister for your hearing.


Enforcement of judgement


After taking your debtor to court, if the case is not defended or the Judge decides in your favour, then the Judge will make a Court Judgment followed by an order. Once you have obtained a Court Judgment against an individual or company for the money they owe you, we can enforce this Judgment to make sure that you get paid as soon as possible. There are several different enforcement methods that we can use, but we will advise you carefully on the method that we believe would be most suitable for your case.


Statutory Demand


A statutory demand is a formal written demand from you, the Creditor to the Debtor that warns them that if the debt is not paid or contested then the Creditor will take legal action that could bankrupt the Debtor. Upon receiving the statutory demand, the Debtor has to pay the debt or challenge it to the Court in a very short time. Failing to pay the debt or challenge it could result in a wind up petition (for companies) or bankrupt petition (for individuals), which we will then enforce.

What is a charging order?


A Charging Order is a charge placed on a property in order to secure your debt against the property. You can only obtain a Charging Order once you have a County Court Judgment (CCJ) against a debtor or if the debtor agrees. If a debtor sells the property you would be repaid from the proceeds of sale from the property. A Charging Order provides peace of mind and enhanced security of the debt.

What is Insolvency/winding up?


Insolvency is the process of making an individual bankrupt. For a company this process is known as winding up.
We can act on your behalf to apply for insolvency of an individual or a company.


What do we need from you?


1. We will need all documents, agreements, contracts and correspondence that you have in your possession
2. Details of any payments made
3. Details for the debtor including any addresses or contact details that you have for them


Head of Debt of Recovery

Eilish Cullen


Why should you choose Driscoll Kingston Solictors

Driscoll Kingston Solicitors’ mission was to create a fresh, modern and dynamic nationwide law firm with a focus on client care and access to justice for all. We provide specialist legal services in civil litigation including Housing Disrepair, Debt recovery, Japanese Knotweed, Data breach Claims, Uber Claims, Business Interruption claims, Personal Injury and Wills and Probate, dealing with both corporate clients and individuals across the whole of the UK.

With over 30 years’ experience our reputation has been built on client care and an aggressive willingness to win cases obtaining the maximum level of compensation available to our clients through the expertise of our partners and staff.

With state-of-the-art I.T. and an extensively developed case management system we are continually investing in the professional development of our staff to ensure that the level of legal expertise we provide is fair and accurate.

At Driscoll Kingston Solicitors we understand that the claims process can be overwhelming and stressful; Driscoll Kingston Solicitors aim to take the stress out of this process and pride ourselves on being able to provide a quick and efficient service to our clients while ensuring that their needs throughout the claims process are met.

You are assigned a personal handler who can guide you and remain in contact with you throughout. We aim to deliver a fast and efficient service to you that does not compromise the quality and reliability. Our fees are highly competitive within the industry. We are very transparent with our fees and do not have any hidden fees. With over 10 years in the legal industry, we are one of the more experienced and reliable firms in the UK. 

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