The Complete Guide to Debt Recovery

Overview

• Guides you through every stage, from deciding to take action to serving a claim and the trial itself
• Incorporates all the recent changes to the law as well as changes to be made in the near future
• Deals comprehensively with enforcing judgment – an often neglected subject
• Helpful sections on bankruptcy, winding up, receivership and administration and frequently asked questions, as well as valuable appendices concerning court fees
• Includes examples of important court forms
• Practical advice on how to deal with a host of common real-life problems.

Content

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

Author

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.