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Legal Debt Recovery in Clacton

If you or your business are finding chasing and recovering overdue debts a challenge, we can help recover what you’re owed.

Essex Law Limited specialises in taking a professional and proactive approach to legal debt recovery in Clacton and the surrounding areas.

We take a sensitive approach to legal debt recovery, prioritising urgency. We have a proven track record of recovering debts, having operated in the Clacton area for many years.

Our Clacton debt recovery solutions

We offer debt recovery solutions to both businesses and individuals in and around Clacton:

Business debt recovery

When clients or customers owe your business money, it can pose a serious threat to your cash flow as you may be unable to pay suppliers or staff, and in the worst cases could result in your business laying off staff or closing.

We offer business debt recovery in Clacton which aims to recover a wide variety of debts:

  • Personal loan debt
  • Business loan debt
  • Unpaid invoices
  • Owed rent
  • Unreturned deposits
  • Refunds not provided

Personal debt recovery

Many people think that debt recovery services are just for businesses like lenders and service providers, but if you’re an individual who is owed money we can also help.

If you are owed money, it could result in you being unable to pay bills or you could eat into savings that you were setting aside for a holiday or a deposit on a house, so we want to help you recover your owed debts.

  • Personal loans to a family or friend
  • Loans to a business or employer
  • Money from the sale of goods
  • Unpaid rent
  • Unpaid wages
  • Unreturned rental deposit

How we recover debts in Clacton

Whilst debt recovery can be straightforward, it can also be challenging if you’re struggling to locate the person who owes your debt, or they’re being unresponsive.

At Essex Law Limited, we use a discrete yet direct approach in order to secure a successful outcome.

 

Our process:

Step one – pre-action letter

Before we take matters further, we will trace the debtor and send them an official letter asking them to pay within a set timeframe.

Step two – court proceedings

After we’ve sent debt recovery letters, if there’s no response, we will be able to take legal action which means the county court will issue proceedings ordering the debtor to pay within 14 days, along with additional court costs.

Step three – county court letter

If necessary, we will approach the Essex county court to start legal proceedings which will require the debtor to pay within 14 days, including court fees and interest.

Step four – County Court Judgment (CCJ)

In the event that the debtor doesn’t pay within 14 days, we can obtain a CCJ which allows us to take further enforcement action.

Step five – enforcement action

When we obtain a CCJ we can use enforcement strategies including:

Bailiff action – We can send a bailiff to collect the debt or seize assets that can be sold to repay the debt.

High court – If the debt is less than 6 years old and exceeds £600, we can escalate it to the high court, which may help you recover your money faster, though certain conditions do apply.

Attachment of earnings – This deducts a portion of the debtor’s wages until the debt is satisfied.

Charging order – In some circumstances, the court can put a charging order on the debtor’s property including houses and land, along with other assets like stocks and shares. Normally, you won’t get your money instantly but it could protect you in the future.

Frequently asked questions

Can interest be charged on debts?

If there is a contract in place with your debtor, it will likely outline the interest rate you have agreed with them for any overdue debts.

If there is no contract, the Late Payment of Commercial Debts (Interest) Act 1998 says that you are able to charge interest at 8% above the Bank of England base rate up to the date payment is received.

It also allows you to recover some of the costs incurred in recovering the debt.

Can you guarantee that you’ll recover monies owed?

Whilst we will do everything in our power to recover debt that is owed to you, unfortunately it is impossible to guarantee that the debtor will pay even if you win a debt recovery case in court.

Can a debtor get debts written off?

In short, no, a debtor cannot get all of their debts written off although they may be able to get some of it written off with insolvency proceedings if they cannot pay within a reasonable time.

This means that you should still be able to recover at least some of what you’re owed.

What legal options are available in recovering debts?

Your legal options for recovering debts depends largely on the size of debts, and the urgency.

County court

County court is for debts of under £100,000. There are four types with small claims track being for debts of up to £10,000  fast track being for debts between £10,000 to £25,000, Intermediate track up to £100,000 and put into a complexity band and finally the multitrack for anything else.

High court

For more complex cases, these cases can be dealt with in the high court.

You will also need to go to the high court or district registry to pursue a claim whereby you are petitioning for bankruptcy or insolvency.

Get in touch with Essex Law Limited today
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