How does a debt collection agency work?

While every debt collection agency in the UK is subject to the same legislation and regulations, each one will have their own set of procedures that they will follow, within that framework. Forbes Collect is a solicitor led debt collection service, so are well placed to take legal action against a debtor, if needs be.

Our process involves:

  • Pre-litigation activity
  • Issuing County Court proceedings
  • Enforcement of County Court judgments

We work on a no win, no fee basis and, if we are successful, our fee will be linked to the value of the debt.

Pre-litigation

Pre-litigation is the first step and we aim to resolve the vast majority of cases during this stage. Once we have been instructed to collect your outstanding debt, we will send an initial letter that gives the debtor 14 days to make payment. From the 1st October 2017 the pre action protocol will come into force, which will mean that if the debtor is an individual or sole trader, they will be allowed 30 days rather than 14 to make payment. We will also follow this up via phone and text message. If this does not yield results, we will then, with your permission, issue a county court claim.

Issuing County Court proceedings

If you need to issue a county court claim, we can do so on your behalf. To help keep costs down, we issue county court claims online, which can help to reduce court fees by 18% and the claim will also usually be processed more quickly. If you do have to go to court, you will be able to claim for the following:

  • Invoice amount
  • Interest and any compensation due
  • Court fees
  • Solicitors' costs (Please note: these are fixed by statute and there is a limit on the amount that we can claim for, but it will go some way to covering our costs.)

If the debtor disputes the claim, this will fall outside of our no win, no fee policy and you will be referred to our dispute resolution department.

Enforcement of County Court judgments

Once you have been awarded a successful judgment, you then have a number of enforcement options you can choose to recover your debt. We will be able to advise you on the best course of action depending on your debt amount. Options could include the seizure of goods to sell at auction or insolvency.

Using a solicitor led recovery service has many benefits:

  • From the start you will have legal expertise and experience behind you
  • Straightforward practical advice tailored to your business
  • We work on a no win, no fee basis. So, if we don't recover your debt you won't have to pay us a penny
  • Alternative ways of enforcing a CCJ
  • The use of a cutting edge cloud technology, so you are always in control

For more information please contact the Forbes Collect team on 0800 689 4176 or email us on forbescollect@forbessolicitors.co.uk

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