clear practical advice

Debt Recovery and Enforcement

Leigh Ferguson and Greg Kilvington

17 September 2013

Speakers

Greg Kilvington: SolicitorCommercial Litigation

Leigh Ferguson: Legal ExecutiveCommercial Litigation

Sarah Roscoe: Andrew Wilson & Co.

Karl Harrison: Andrew Wilson & Co.

Areas of Interest

Credit control; ‘top tips’

Letter before action

Making the most of your Claim

Practical considerations Recent changes

Enforcement

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)

Credit Control; ‘top tips’

Phone (not just email)

Resolve disputes early; record the resolution

Deal with excuses

Paper trail

Be proactive

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?

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

Making the most of your Claim

Point of no return

Issue your claim

Interest (Contractual and/or Statutory)

Statutory Compensation, if applicable

Practical Considerations

Defence?

Allocation – location?

Evidence – witnesses

Documents – preservation

Trial – public

ADR

Recent Changes

Jackson

Northampton Bulk Centre

Money Claims Online

The Courts

Allocation – Small Claims

Andrew Wilson & Co

Presentation to Presentation to

Watson Burton Watson Burton LLPLLP

By

17 September 2013

Introduction to Andrew Wilson & Co, Introduction to Andrew Wilson & Co,

High Court Enforcement (HCE) byHigh Court Enforcement (HCE) by

Sarah Roscoe Sarah Roscoe Director of Cerberus Group and Andrew Wilson & Director of Cerberus Group and Andrew Wilson &

Co.Co.

Market-leading Market-leading performance resultsperformance 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

HCE presentation by HCE presentation by

Karl Harrison Karl Harrison An An HCE Officer and Director of Andrew HCE Officer and Director of Andrew

Wilson & CoWilson & Co

HCE key datesHCE 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

What is a HCE officerWhat 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

Any questions?Any questions?

Enforcement

Writ – High Court

Orders to attend court for questioning

Third party debt orders

Charging Orders

Attachment of Earnings – County Court

Questions ?