The first step is always a formal letter drafted by the solicitor and addressed directly to the debtor: we normally grant a period of seven days to settle the debt, while informing them that should the debt remain unpaid, we will take further action and that they will have to bear the costs and interest relating to the late payment.
The fear of having to suffer legal proceedings is normally serious enough to encourage the debtor to cooperate without having to go any further.
Faced with clear resistance from the debtor, the only genuine means of protecting your interests is to undertake legal action. Again, it is important to act fast, so as not to give the debtor the chance to conceal their assets.
The best option is to begin with is undoubtedly a sternly worded letter of formal notice. Giving the debtor an official ultimatum, drafted by a solicitor, can be an effective weapon in itself.
The effectiveness of any debt recovery often depends on the debtor's actual solvency; this is precisely the reason for acting fast, before the debtor makes moves to conceal their assets.
The Judge will read the deed prepared by the creditor's solicitor and, having examining the enclosed documentation – and providing he/she deems it convincing – will issue a payment enforcement order to the defaulting debtor that includes the reimbursement of the legal fees incurred by the creditor.
