Debt Recovery Solicitors

Common Debt Recovery Questions

• Is it possible to find out if the person who owes me debt can pay it back?

  This is an important part of the debt recovery process, and we can assist you in gathering financial details of the person who owes you the debt.

  We can be instructed to obtain a pre-litigation report which would be used to identify the assets, debts and judgements against the individual. The comprehensive report would allow us to learn the following matters.

  • Advanced address trace
  • Date of birth confirmation
  • Confirmation of current residential address
  • Tracks recent address movement
  • Confirms financial status
  • Detailed financial background information
  • Current & past directorships
  • Employment information
  • Property ownership
  • Holiday home purchases
  • Lifestyle purchases
  • Investments
  • Luxury items
  • Holiday homes
  • Estimated property value
  • Disqualified directors searches
  • Insolvency register searches
  • Suspected alias used
  • Social media searches
  • Social post searches
  • Discovery of social data via Big Data searches
  • Credit background
  • Mobile or telephone numbers
  • CCJ search
  • Company financials

  It would take up to 14 days to compile this report.

• How can I recover debts from existing clients?

  You might be concerned about the ramifications of reaching out to a valued client and asking to recover your debt. The concern is mostly around souring a relationship with a client.

  Our approach to such matters is to be both diplomatic and firm. You should have already discussed the situation with your customer, and tried to resolve the issue amicably. If you haven’t already, you should attempt to resolve the issue amicably with them and document your efforts.

  You should carefully explain what steps you intend to take to recover the debt including using a solicitor like Freeman Harris.

  A business needs cash-flow and any good client would pay you for your service on time and without any hassle.

• Can I negotiate debt collection from the debtor?

  Yes, and this is often a good way to keep the matter out of the courts.

  If you are trying to recover debt from a business partner or a client, you may have a better chance of keeping them if you try to negotiate payment or resolve any dispute amicably.

  You can also make an offer for part payments or any other arrangements that suit both parties.

• What factors determine how strong my negotiating position is for a debt recovery matter?

  There are various factors, which will help you have an upper hand in such matters. These are:

  • if your customer wants to continue doing business with you because replacing you will be costly or disruptive
  • if the transaction was covered by a signed contract that sets out clear terms; however this might fall under a breach of contract
  • if the person or company wants to avoid bad publicity or any judgements against them
• Can I charge interest on overdue debts?

  Yes!

  If it is a commercial relationship, your contract may specify a credit period and how interest will be charged on overdue payments.

  Commercial debts are also covered by the Late Payment of Commercial Debts (Interest) Act 1998.

  If there are no written terms, interest can be charged at a current rate set by the Bank of England base rate plus 8% from the end of a national 30 day credit period.

  Bank of England fixes the base rate every six months.

• When should I use a debt recovery solicitor like Freeman Harris Solicitors?

  Our service is cost effective and we understand the process you need to follow in order to recover your debt.

  A letter of claim from a solicitor is often enough to recover your debt, and our expertise in drafting this will show if you instructed us.

• What evidence of the debt do I need to have?

  The most appropriate evidence would be a signed contract. However, you may have other evidence such as a purchase order,  communication discussing the matter or any requests you have received.

  If there is no direct evidence, we can use implied terms based on communication you have had, however, this needs to be discussed with us.