Debt recovery

It may be the case you are owed a debt from a friend, family member or another individual. A debt can arise for many reasons, such as a loan, financial help or payment owed to you. If you have not been able to obtain repayment of the Debt, our specialist debt recovery solicitors can help pursue and recover any debt owed.

How can solicitors help you recover a debt?

If a debt is owed to you, then you are a Creditor. Our debt solicitors can discuss with you the best way to try and obtain payment for the debts owed to you. We can provide practical help through the debt recovery process, whatever your situation.

We will provide clear advice on all the factors to consider when pursuing repayment of a debt and will often provide funding options based on the amount of the Debt and whether it is likely to be disputed by the Debtor.

Factors our Debt recovery specialists consider in the assessment include:

  1. Whether legal costs will be recoverable as part of any claim. Typically legal costs of representation are only recoverable if the Debt is over the Small Claims limit of £10,000.
  2. Debt recovery options such as a letter of claim, statutory demand, Court proceedings.
  3. If the Debtor is in financial difficulty and incurring legal costs of Court action and securing a Judgment may not result in the Debt being repaid as the Debtor has no assets against which recovery can be made.
  4. If there is a possible dispute in relation to the Debt or a possible Counterclaim.
  5. How the Debt arose, and what terms were agreed upon as regards repayment.

Pre-action Protocol for Debt Claims

If the Debt arises from a business and you are pursuing repayment of a debt against an individual, there is the requirement to comply with the Pre-action Protocol for Debt Claims. 

We can ensure compliance with the Protocol, which provides an opportunity to try and agree on a resolution without taking Court action unless necessary.

A failure to comply with the Protocol could result in the Court claim being dismissed or costs sanctions against the Creditor.

Court action

If a letter of claim does not lead to a resolution agreed for repayment of the Debt, it may become necessary to pursue a Court action to secure a County Court Judgment (CCJ), which is a court order to pay money.

Once a CCJ has been obtained, it may be possible to take enforcement action against the Debtor if they still do not repay the Debt. Our specialist debt recovery solicitors can help with obtaining a CCJ and any enforcement action.

Have a question or need some help?

How Davisons Law can help

Our friendly and knowledgeable solicitors have helped many people pursue recovery of private debts by offering straightforward, practical advice and support with how they deal with claims against Debtors.

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