Recovery of monies awarded in a claim can involve negotiation or litigation, but usually begins with a letter of claim in what is known as the dunning process – which can also be used if monies are to be recovered in cross-border cases (ie from overseas).
The dunning process involves a series of measures to recover claims, starting with initial correspondence to the debtor, such as the letter of claim, and ending with a statutory demand and possibly visits to any premises to recover debts.
Once a court has awarded compensation in any claim, it is important to enforce the debt as soon as possible – and establish a dialogue to recover the monies.
Using harassment or threats are illegal in recovery of claims, but patient and persistent negotiation to recover the debt can yield results without recourse to court proceedings.
In cases where a third party – such as a bank or building society – is holding monies for the debtor, it may also be possible to apply for a Third Party Debt Order (TPDO), which in effect freezes the assets held by a third party, such as a bank.
Waltons civil litigation legal experts have extensive experience in recovery of claims – and our specialist claims recovery legal experts can advise on recovering monies in any type of claim, including:
In the event the debtor fails to pay, it is possible to obtain a court order for payment in the County Court. If the debtor continues to refuse to pay, the court can then take further steps – called enforcing a judgment – to recover the monies.
At this stage, steps such as sending in bailiffs to recover the monies might be an option.
It is also possible to use mediation to recover claims – Waltons civil litigation team can advise on dispute resolution and mediation in recovery of claims matters.
Waltons can also advise on applying to the court for an instalment order to be made – which means the debtor pays the outstanding monies in agreed instalments.
In cases where a debt is being repaid in instalments, it may also be possible to obtain a Charging Order on a debtor’s home or property they own – so that the debt is secured against the debtor’s property and can be repaid if the property is sold or re-mortgaged.
For expert legal advice on debt recovery and enforcement and Recovery of Claims, call Waltons Debt Recovery Department on 0161 529 7779.
We provide our clients with expert legal advice, as well as friendly and straight-talking legal services – all at a fair cost. You can rely on us to keep you informed of any changes throughout the process. We will be with you every step of the way. Contact our Debt Recovery experts by calling 0161 529 7779 or contact us by email at info@waltonslegal.co.uk
Anna Hughes, Legal Adviser
Debt Recovery Department
What People Say About Us
Thank you for contacting us.
We will get back to you as soon as possible.
Waltons LC
Oops, there was an error sending your message.
Please try again later.
Waltons LC
Waltons LC
82 King Street
Manchester
M2 4WQ
Latest news
Waltons Legal Consultants