Pre-Legal Services
Our matter focused approach prevents knee-jerk automatic referral of a debt for legal recovery action through the Court. There is a great deal we can do before bringing a claim on your behalf, before the expense and merits of issuing a claim needs to be considered. All debts referred to us are considered on a matter by matter basis, to enable us to advise on the most efficient, as well as cost effective recovery steps to take, whether it is an occasional, or one off debt, or a number of debts which are giving you concern on your ledger.
Whether a debt is owed to you by an individual; or partners in a business; or a limited company we will always check to ensure that they remain worth pursuing, by carrying out a number of searches to ensure that they have not been made bankrupt or are in liquidation, or are subject to any insolvency procedure already. This ensures from the outset that legal and other costs are not wasted, and that cost effective steps can be taken to register your rights as a creditor of an insolvent Debtor.
It may be that you require advice where a Debtor has put forward objections to payment. In such cases the earliest possible advice is essential as to the merits of any dispute and your prospects of recovery. You can call upon our considerable experience in overcoming such objections and concentrating your Debtor’s mind towards payment.
Solicitors’ Letter Before Action (LBA)
Very often the intervention by a third party through a Solicitors’ Letter Before Action to the Debtor, will lead to recovery of a debt, without the need for the cost and expense of Legal Recovery Action through the Court being taken. LBAs require the Debtor to pay the debt usually within 7 days, together with, in appropriate cases, either Contractual Interest, or a claim for Statutory Late Payment Interest and Compensation, under the Late Payment of Commercial Debts (Interest) Act 1998.
The follow-up telephone call
If your Debtor fails to reply to the LBA, we will undertake a follow-up telephone call to them, to ensure the Debtor has received the LBA and to warn the Debtor that Legal Recovery Proceedings have been prepared for issue, and will be issued in Court unless payment of the sum claimed is immediately made. This often will prompt your Debtor into making immediate payment and will also highlight any cases where your Debtor might, for example, have moved or it may be an opportunity for us to discover another Debtor address from which payments are administered. The follow-up telephone call also very often proves to be a valuable opportunity in gathering other relevant information, for us to more fully advise you upon the best recovery options for recovery of any particular debt. An example of this might be your Debtor wishing to make an instalment payment offer for your consideration.
Gone-Away Debtors
We can provide debtor tracing services, where it is known that the Debtor no longer trades or resides at any given address, on a no trace – no fee basis at competitive rates.
We can help you.
For more information please e-mail info@curranandcompany.co.uk or telephone us on 01543 624053.