Debt Collection Lawyers
Many people find pursuing debt difficult but failing to do so can cause cashflow problems or worse for businesses.
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Debt Recovery Solicitors City Centre Glasgow
If you are owed money and chasing it is wasting time and consuming your resources, let us help. In the current climate, many small businesses have cash tied up in outstanding debts. Often this has dire consequences for cash flow and thus for the businesses long term outlook.
Recovering debt in Scotland is straightforward – at least in theory. Our debt recovery solicitors will help you by:
- Sending your debtors a letter notifying them of the outstanding amount, demanding payment and notifying them that action will be taken if they do not make payment as requested. The majority of debtors pay at this point.
- If this doesn’t work, we will start legal proceedings with your permission.
- If the claim is not disputed, we will take all steps to enforce the debt.
- If the claim is disputed, we will proceed to litigation on your behalf.
At all stages of the process we will keep you informed. If you are having trouble with debtors, we can help.
Recovery of outstanding debt is important to all individuals and organisations in the current economic climate. Recovering debts due to you can often mean the difference between your business being successful or failing. We strive to maximise your return by, where appropriate, seeking to recover statutory or contractual interest, compensation charges and judicial expenses.
If you are owed money, we can help. Our debt recovery solicitors have extensive experience of recovering our clients’ outstanding debts.
How to Recover Debt Scotland
We have an experienced Debt Recovery Team who can help with all aspects of debt recovery, whether the debt is secured and unsecured. Our Team will provide you with a complete and professional service, at a cost effective rate. Our services range from issuing initial demand letters through the raising of court actions to enforcing decrees and bankruptcy proceedings.
Our debt collection team advise on:
- Pre-Litigation Procedures
- Enforcement
- Cross-Border Debt Procedures
- Sequestration & Bankruptcy Procedures
We aim to create long lasting, collaborative relationships with our clients. To that end we are aware that all clients have specific needs and requirements in relation to the recovery of any debt due to them. We aim to take this into consideration at the outset of any matter in order to help maximise a recovery. Our experience ensures that we take into consideration the circumstances and objectives of each individual client, the client’s priorities and any particular issues which may arise during the course of the process. We can provide advice in relation to pre-litigation and training, with a view to supporting you. We can assist in advising you in relation to your own credit control procedures if required.
Our Solicitors have extensive court experience in dealing with debt actions including raising and defending actions and appeals in the sheriff courts throughout Scotland and the Court of Session. We can raise actions for recovery of debts on behalf of both commercial clients and individuals. Our solicitors have experience acting for a number of public sector organisations and advise a number of Property Management companies regarding a wide variety of housing matters including factoring arrears, rechargeable repairs, rent arrears and other debts matters. We also provide advice to clients in relation to actions for recovery of possession of property.
Our team has experience in dealing with a variety of complex issues. Our team is supported by experienced individuals to provide a full commercial service.
Our experienced staff ensure the highest quality of service is consistently and effectively delivered. Our team prioritise and progress cases quickly and effectively.
Pre-litigation Advice
We can assist in pre-litigation process, and we would discuss your situation and options available.
In some cases, the first step would be to issue a demand letter to the debtor advising that we are instructed on your behalf. We can assist you in this regard. A pre-litigation letter advises a debtor of the situation and demands payment to avoid legal action. The letter is intended to prompt a response and payment from the debtor.
In the event that payment is not forthcoming, consideration would then be given to raising court proceedings.
The type of court action required on your behalf depends your own situation. If action is required to recover payment, the action required to be raised depends on the amount due. If the debt is less than £3,000 a small claims proceedings are appropriate, if the debt is more than £3,000 but less than £5,000 a summary cause action would be raised and where the debt is over £5,000 an ordinary action should be raised.
There are court rules which are specific to each type of action and our Debt Recovery Team have experience of raising all types of recovery actions in the Sheriff Courts and can provide the appropriate advice and guidance specific to your individual case.
Please contact one of our Debt Recovery Team to discuss your own individual needs.
Enforcement
After successful court proceedings, the Courts issue an Extract Decree (a written judgement) and enforcement can be undertaken to recover the debt, if necessary. We will be happy to advise on how to enforce the Decree and recover payment.
Once you have obtained a Decree (an award from the court in your favour) for recovery of money due to you, enforcement requires to be considered using several methods of diligence. “Diligence” is a term used in Scotland to describe the various methods available to you to enforce the court order.
The first step in proceeding with any diligence in Scotland is to serve a charge for payment on the party that you have been awarded decree against. A charge for payment is a formal demand for payment served by Sheriff Officers for payment of the sum due per your Decree, including any interest and expenses. A charge for payment is a fourteen day notice to the debtor to make payment. If the debtor does not make payment or agreement within the specified fourteen day period you can then proceed with further diligence. Our Debt Recovery Team will be happy to discuss any aspect of enforcement with you.
Cross Border Debt Recovery Procedures
A Decree granted in a Scotland Sheriff Court can be enforced in England. To enforce a Decree in England you must apply to the court which granted the decree to obtain a certificate of money provisions. We can assist in this process which includes preparing and lodging an affidavit with the Sheriff Court, which the original court action proceeded. The affidavit most be sworn by a notary public.
Once the certificate of money provisions is obtained this requires to be lodged for enforcement with the relevant court in England. We work with experienced agents in England and can assist in registering the debt in England and enforcing the same. Should you wish to speak to a solicitor for more information on registering a decree in England please call our Debt Recovery Team on 0141 673 1538
It is also possible to enforce an English or Welsh Court Judgment in Scotland and we can assist with this process. The first step would be to obtain a certificate of money provisions from the court where the original judgement was obtained. Thereafter the Certificate requires to be registered in the Register of Judgements of the Books of Council and Session. The certificate must be registered within six months of the date of issue. Once receipt of the registered certificate is received, enforcement in Scotland can be considered and progressed on your behalf.
Sequestration and Bankruptcy Proceedings
If you are considering sequestration as a method of debt recovery you should be aware that sequestration does not guarantee recovery of all sums due to you by a debtor. The debtor may, for example, have additional creditors and the debtor’s trustee is require to distribute funds equally to all creditors on discharge of the debtor’s period of bankruptcy.
Our debt recovery team has significant experience acting on behalf of clients seeking to recover sums from a debtor by applying for their sequestration. We also have good relationships with Insolvency Practitioners, who will assist creditors in maximising recoveries from debtors.
If you are considering sequestrating a debtor and would like to speak to a solicitor please call our Debt Recovery Team on 0141 673 1538
Raeside Chisholm Debt Recovery Team
David Doig
David is the director in Raeside Chisholm responsible for debt recovery and repossessions and dispute resolution and litigation. He has considerable experience in commercial law disputes and has been an enthusiastic participant in the commercial court at Glasgow since its introduction in 1999. He has over 20 years of experience in volume debt recovery and offers a full range of debt recovery advice to corporate and institutional clients, as well as individuals.
He originally headed up the debt department at Kidstons Solicitors, Glasgow. Thereafter, following the merger of Kidstons with a mid-sized Edinburgh firm he headed up the debt recovery department and assisted in achieving Legal 500 and Chambers rankings for debt recovery.
David and his team know how much clients value effective debt recovery services particularly in the current climate. Our clients trade both north and south of the border and litigate in both jurisdictions. Our team are able to assist in seeking recovery of debts UK wide. The key for clients is not simply obtaining an order from the court. The clients want to obtain payment of debts due to them. David and his team will guide their clients through the appropriate legal processes with a view to achieving an expeditious and cost effective recovery.
