Debt Recovery Service
Our debt recovery solicitors provide a full service, principally in the Sheriff Courts, making use of their commercial procedure process where warranted. We also conduct debt recovery cases in the Court of Session where tactically prudent, when suing for larger sums or in more complex cases.
We pride ourselves on our commercial approach, and focus on the recovery prospects in each case when advising clients on whether litigation is worthwhile. Often, background research combined with credit profiling can prove cost-effective, if it means that a fully informed decision on whether or not to sue can be made at the outset. Clients need to be aware of the important changes to the law introduced by the Debt Arrangement and Attachment (Scotland) Act 2002. In particular, it may be important to carry out a search of the Debt Arrangement Scheme Register before deciding on whether or not to litigate. We can access the Register and carry out any relevant checks on a client's behalf.
We work with clients to find a cost-effective way for them to use the courts. For example, court action for debts of up to £5000 now require to be raised by way of a 'Simple Procedure' claim where expenses recovery is limited. We are always happy to discuss rates in an attempt to assist recoveries for these smaller amounts in particular.
Clients may wish to issue their own “7 day letters” before passing a claim to us. If so, we can advise on the content of the letter. Thereafter, our objective is always to identify and take the swiftest and most focused action to attempt recovery of the debt. In certain circumstances this may be through service of a “Statutory Demand” for payment; more often it is to raise court action. Advice is given on the appropriateness of seeking pre-decree security such as Inhibition, Interim Attachment and Arrestment. Although such applications now need to be made by hearing before the court, they can give huge tactical advantage to a creditor when granted.
For commercial debts we seek recovery of interest at the client’s contracted rate or 8% over the Bank of England Base Rate, this being the rate under the Late Payment of Commercial Debts (Interest) Act 1998. In addition, the 1998 Act provides for recovery of statutory compensation as follows:-
- £40.00 per overdue account up to £999.00
- £70.00 per overdue account between £1,000.00 and £9,999.00
- £100.00 per overdue account of £10,000.00 or over
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We have a number of services we offer within the Debt Recovery Service category, we have listed this below. Please follow the link for each service to view in more detail.