If you want a clear understanding of the legal process for collecting debts, then this insightful course is for you.
Litigation may be the final option to collect debts. This course provides an up-to-date view of the law and current debt collection practice so that delegates will know what is involved in processing a claim through the court.
Suitable for anyone who wants to understand the process and implications of ‘going legal’ to collect trade debts.
By the end of this course you will be able to:
- Understand what is involved when a company 'goes legal' to collect payment from a trade customer.
- Decide whether to 'woo or sue': What will be the impact of legal action on your relationship with the customer?
- Monitor events as a claim is processed through the court and understand each stage fully.
- Understand the options for enforcing judgment.
- Work more effectively with your company solicitor when pursuing claims.
- Decide whether a 'do it yourself' approach would be best for your organisation.
The Legal Relationship with the Customer
- Understand the principles of litigation and key definitions
- Legal status of the customer
- Your contract with the customer
- Legal impact of your terms and conditions
- Implications of Retention of Title clauses
Implications of the Legal Route
- Your choices in pursuing a debt
- Exhausting your options before going legal
- Is the decision to sue the right one?
How to Process a Claim Through the Court
- Understand the procedure from pre-action considerations to enforcing the judgment
- Understand the documentation, processes and timescales
- What are the costs involved?
- Collecting interest on the debt
- What happens with defended actions?
Enforcing a Judgment
- The costs involved
- Using an order to obtain information from judgment debtors
- Sending in the bailiffs
- Attachment of earnings
- Third party debt order
- Charging orders
Credit Control and the Court System
- Your relationship with the customer
- Deciding whether to ‘do it yourself’
- When to use a solicitor
- What information will a solicitor need and when?
- How to give yourself the best chance of recovering the debt