Hylton-Potts - London Based Law Firm Helping People Across the UK since 1999
Table of Contents - Click to
Click play below to listen to this podcast episode.
(often on a %)
Debt Collection and Credit Control
We advise on credit control procedures, and standard terms and conditions which reduce the likelihood of bad debts in the first place.
If they do arise, we can move quickly and efficiently, often on a fixed fee basis, to give you top value for money. Members of our debt collecting team include ex-police men and private investigators, and our success rate in tracing and obtaining outstanding payments is second to none.
There is no point in paying us £10 to recover £5.
The majority of the claims we handle are resolved early on, and less than 5% of all cases go to a final Court hearing.
On average, debts are collected within one month of our receiving instructions.
We offer an ‘Unbundling’ service, where we provide separate items of legal assistance where required, leaving you the client to handle the more routine matters and keep costs well under control. We can offer highly competitive fixed prices for each stage of the case.
The case remains client- led and elements can include advice on law and procedure, drafting documents, consent orders and arranging advocacy with barristers via direct access. You handle the routine correspondence. This is extremely cost-effective.
More Information on Debt Collectors in London
We are better, cheaper and faster than solicitors. For more information or a free legal opinion telephone 020-7381-8111 or email email@example.com.
We offer a fast and efficient service and are committed to a high level of client satisfaction.
Heard any of these excuses before? Rodney Hylton-Potts can help you – Contact us today – 020 7381 8111
How to turn the tables if you owe money
If one of your creditors under pressure to chase debts, fails to take note of harassment legislation it could lead to fines and even imprisonment, and you can turn this to your advantage.
There is a thin line between good business acumen and harassment. The courts are prepared to award damages if they feel that a debtor has been harassed in the race to secure debts. Undoubtedly, economic uncertainties will test tempers but if this leads to individuals in a business behaving inappropriately, a harassment claim is a real possibility. Whether it is a customer claiming damages for harassment against a big corporation or one businessman suing another for causing anxiety and distress, the Protection from Harassment Act 1997 is increasingly being used as a tool in a debt recovery matters.
If businesses fail to consider the harassment legislation in all of this, they may end up paying money out to you rather than getting it in.
In a badly handled debt recovery action, British Gas sent Ms Ferguson threatening bills and letters. Such threats included legal proceedings and, threats to report her to credit rating agencies.
Ms Ferguson decided to take a stand and sued British Gas, saying that its behaviour amounted to unlawful harassment contrary to the Protection from Harassment Act. She claimed £5,000 for distress and anxiety and £5,000 for financial loss because of the time she had lost and expenses she had incurred in dealing with British Gas.
The Court of Appeal agreed with Ms Ferguson that the behaviour could amount to harassment and that it was strongly arguable that it did.
Oppressive and unacceptable
In S&D Property Investments Ltd v Nisbet, the case started off as a straightforward debt recovery action in the sum of £111,579, said to be due from Mr Nisbet relating to monies lent.
Mr Nisbet counterclaimed damages for harassment by Mr French, a director and shareholder in S&D. He maintained that S&D was also liable for Mr French’s behaviour.
The judge accepted that Mr French’s initial frequent and insistent chasing of the debt was not harassment but, when he made reference to being tempted to beat Mr Nisbet, this was oppressive and unacceptable and amounted to harassment. Judges are more streetwise than you may think. They know what ‘paying a visit’ means.
The court also had little trouble accepting that Mr French calling at Mr Nisbet’s house on two occasions and shouting abuse amounted to harassment).
This case shows that oppressive and unacceptable behaviour in seeking to recover a debt can backfire and result in the payment of compensation for distress, anxiety and financial loss. Mr Nesbit got £7,000 damages
When seeking to make a recovery of a debt, a business can end up actually paying out compensation under the Protection from Harassment Act or, indeed, being subjected to a fine or prison sentence of up to six months.
The moral of the tale
If someone is getting ‘heavy’ with you, note it all on a spreadsheet which we can e-mail you free of charge. And then brief the expert Rodney ‘The Rottweiler’
We have had cases where the whole debt has been written off.
Do not get mad get even.
For more information or a free legal opinion telephone 020-7381-8111 or email firstname.lastname@example.org.
Commercial property rent arrears.
The common law remedy of distraint was abolished on 6 April 2014, when the commercial rent arrears recovery procedure is brought into effect.
From 6 April 2014, landlords must to follow a fixed, rigid process if they want to seize goods to pay rent arrears.
- the process can only be used where the lease is of commercial property only.
- a landlord must give a tenant written clear days’ notice of intention to seize goods;
- the process applies only to arrears of principal rent, interest and VAT – not insurance or service charge
- entry to commercial premises will be possible between 06.00 and 21.00 by authorised “enforcement agents”; (in practice certified bailiffs, who worked under the old system).
- goods must then be secured – either at the premises or at a place within a reasonable distance of the premises (where there is a significant risk they may be removed by the tenant) and cannot be sold until seven clear days following removal from the premises;
- a landlord can serve notice on a subtenant of its tenant, requiring payment of rent directly to the landlord; effective in 14 clear days .
Consult Hylton-Potts, the experts who offer fixed fees, and give excellent value.
We operate a free and confidential 24 hour email service. Just click on email@example.com or, during office hours, there is a free and confidential legal helpline 020 7381 8111.