Debt Recovery for Business
If you’re owed money, it can be highly frustrating and with the potential to push your business into financial difficulties. Chasing debts from individuals, suppliers or fellow businesses can use a lot of time and energy. It’s therefore most effective to seek specialist help on recovering debt so that you can concentrate on running your business.
Our debt recovery expertise
Barcan+Kirby’s expert debt recovery lawyers provide a practical, cost-effective service to both businesses and individuals in Bristol and South Gloucestershire. Our solicitors have proven experience of recovering debts for a range of commercial clients. We have tried and tested processes in place to efficiently secure payment under even the most challenging circumstances.
We offer all new clients an initial meeting at a discounted rate with one of our specialist debt recovery solicitors. This is an opportunity to discuss your case in detail and provide advice as to how we can get your business back the money it’s owed.
Rather than you taking time out of your working day and the running of your business to chase repayment, our debt solicitors will make collecting what is due to you a priority. Our aim is quite simply to recover your money swiftly and efficiently.
Speak to our debt recovery lawyers in Bristol
Debt recovery FAQs
How long you have before a debt becomes statute barred will depend on the type of debt. For most debts, you will have six years from the day when payment was originally due, but there are certain types of debts, such as mortgages, which have different time limits.
While our debt recovery lawyers can typically recover most debts voluntarily, there are various enforcement actions we can take to enable a debt to be collected on your behalf. These include applying to the relevant local court for one of more of the following:
- County Court Judgement (CCJ) – This will set out the debt owed and specify that the debtor has 30 days to make payment. If they do not do so, the CCJ will stay on their credit record for 6 years, acting as a strong incentive for payment.
- Warrant of Execution – The court will appoint a bailiff to visit the debtor and demand payment. The bailiff will be empowered to seize goods from the debtor up to the value of the debt owed, if required.
- Charging Order – Places a charge on property owned by the debtor, meaning if they later sell the property, they will be required to repay the debt from the proceeds of the sale.
- Order of Sale – Forces the debtor to sell a property to repay their debt.
- Attachment of Earnings Order – Can be used for debts owed by an individual. Forces their employer to deduct money from the debtor’s wages to repay the debt.
You may be entitled to claim interest on any money you are owed. Exactly what rate of interest applies will depend on the circumstances, but for many types of debt the rate is set at 8%.
This will depend on the type of debt and the nature of the relationship between your business and the other party.
Typical evidence of a debt includes:
- Contracts that specify terms of payment
- Emails, letters or other written correspondence
- Statements of accounts
Once you have established that the debt is legitimate, it is up to the debtor to prove either that they have paid or that there is a good reason for their failure to pay.