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Commercial Debt Collection

Here at Optimus Legal Services, working together with our Barrister at Optimus Chambers, we can provide you with everything you need to reclaim business debt owed to you as an business.

 

The stages of debt collection are generally as set out below.  But we provide a completely customisable and tailor made service so you are able to pick us up at any stage of the process to assist you as much or as little as you need.

  1. Issuing a 7 day letter to pay

  2. Pre-action letter (complying with the CPR protocol for business debts) setting out the total claim 

  3. Chase calls/letters

  4. Issuing a claim in the County Court

  5. Court Hearing

  6. Obtaining Judgment

  7. Obtaining Writ of Control or Delivery

  8. Enforcing Judgment

 

Other services we can undertake on your behalf include:-

  • Issuing Statutory Demands

  • Issuing Bankruptcy Petitions

  • Tracing Debtors

  • Land Registry Searches on identified addresses

 

As a certified Enforcement Officer, once you have obtained Court Judgment and a Writ Gavin can undertake a range of enforcement options to get you your money back.

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Generally the stages of enforcement are set out as below:-

1. Compliance Stage

The Debtor is issued with a Notice of Enforcement. This gives the Debtor notice of the debt and that Enforcement Agents will be attending unless the debt is discharged in full within 7 days.  

2. Enforcement Stage

If the Debtor either has failed to make contact or make any payment as set out above, we will attend the Debtor’s known address and try to obtain payment in full on the day.  Sometimes a payment plan is in fact the only realistic option and this would be discussed with you prior to agreement being reached.

3. Sales Stage

If the Debtor refuses to pay when we attend at Enforcement Stage and it is clear to us that the Debtor has funds available either in cash or in goods that are accessible to us, we will push the matter to Sales Stage. We will either seize goods and put them under a control order, meaning the Debtor is to pay the debt off by a certain date or any breach we can simply walk in and take the goods.  Or, we can simply list the items for seizure and take them to auction for sale to discharge the Debt.

 

In all cases the fee you pay is fixed at £75.  In all cases, if we manage to discharge the debt, this £75 will be refunded to you as the Debtor will be required to pay this.  

Regrettably, in some cases, enforcement is not a viable option given the financial circumstances of some Debtors but this will be discussed with you at every stage and all options will be considered.  In this case, if it is decided that enforcement is futile, the £75 will be retained to cover our costs of enforcement.

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