An expert guide written in plain English on everything you need to know about using the legal system to recover debts - quickly, efficiently and with no complications.
ONE The decision to take legal action
Introduction
Does the customer have the money?
Will the customer evade his responsibilities?
What are the chances of winning?
Are you prepared for the costs?
Are you sure what terms govern the contract?
Arbitration
Negotiation
The exercise of retention of title rights
Bad debt write off
TWO Preliminary planning
Introduction
The importance of acting decisively
The final warning letter
What professional help will you employ?
Your relationship with your solicitor or credit agent
Choice of legal route
Claim the maximum possible amount
The correct identification of the defendant
THREE Interest
Introduction
Interest permitted by a contract
Statutory interest
Interest at the statutory rate
Interest after judgment
FOUR The issue and service of a claim
Introduction
The issue of a claim
Bulk issue of claims
Correct designation of the defendant and also of the claimant
A detailed study of the claim form
A claim for a dishonoured cheque
A specimen claim form
Service of the claim
FIVE The defendant’s options on receipt of a claim
Introduction
The documents explained
The permitted time for the defendant’s response
The defendant’s options
SIX After a defence has been entered
Introduction
Documents received by the claimant
An outline explanation of the three tracks
The importance of the allocation questionnaire
A detailed study of the allocation questionnaire
Notification of allocation to a track
SEVEN Pre-trial and trial
Introduction
Summary judgment
Part 36 Offers and Payments
A case in the small claims track
A case in the fast track or multi-track
The time taken for a case to come to court
An appeal
EIGHT Introduction to enforcement
Introduction
The court order, payment by instalment and continuing interest
An order to obtain information
The Register of County Court Judgments
Transfer of enforcement to a High Court Sheriff
NINE The enforcement measures
Introduction
High Court Sheriff and county court bailiff
Attachment of earnings order
Third party debt order
Appointment of a receiver
Charging order
Bankruptcy or winding up
TEN Bankruptcy, winding up, receivership and administration
Introduction
The Enterprise Bill
Bankruptcy and winding up
Order of priority in the distribution of funds
Receivership and its consequences
Administration and its consequences
Wrongful trading
ELEVEN Progress of the civil justice reforms 1
Introduction
The main civil justice reforms
TWELVE Frequently asked questions
Questions about the claim form
Questions about the issue and service of a claim
Questions about interest
Questions about what happens after the service of a claim
Questions about enforcement
Miscellaneous questions
APPENDIX ONE Court fees
The County Court
The High Court
APPENDIX TWO Important court forms
Roger Mason
Roger Mason is a Chartered Secretary and a Chartered Certified Accountant, and a highly experienced company director and company secretary. His career has included periods with the Ford Motor Company and ITC Entertainment Ltd, as well as 14 years as Financial Director and Company Secretary of a leading greetings card company.
Roger now presents seminars on company law, the duties of directors, the duties of company secretaries and on financial topics. He has written 16 books. His books for Thorogood include The Company Secretary’s Desktop Guide, 501 Questions and Answers for Company Directors and Company Secretaries and The Complete Guide to Debt Recovery.
Paperback | ISBN-10: 1 85418227 7 ISBN-13: 978 185418227 2 Pages: 220 |
GBP 14.99 EUR 17.99 USD 25.00 |
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