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Debt Recovery

There is usually nothing wrong in either party trying to engage in informal discussions prior to the instruction of legal representatives. That being said, seeking legal advice as early as possible is a sensible step to ensure that you fully understand what you are legally entitled to under the terms of any agreement (verbal or written) against which payment is being sought. In addition, a solicitor demand often encourage payment of the debt.

The Civil Procedure Rules has a Practice Direction setting out the requirements and what must be considered before a formal court action is issued against another party. Those requirements will differ depending on whether the debt is between individuals or businesses. We start by sending a Letter before Action to the debtor and often that results in payment. If settlement cannot be achieved pre-action, a court claim will be necessary. A Judgment may be entered against the debtor and various enforcement options can be considered including bailiffs, a charging order or serving a statutory demand.

In the majority of cases, a creditor will have six years under the Limitation Act 1980 to commence proceedings against the debtor for an unpaid debt. The limitation period will run from the date of the cause of action (usually, the date the debt became due). If a claim is not brought within this period, it will become statute-barred and can no longer be pursued through the civil courts.

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