Enforcement - PLC Debt
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Enforcement

Rapid Debt Collection

Our number one objective at PLC Debt is to deliver a fast and effective collection of the monies owed to you, preferably before legal action becomes necessary. However, sometimes this is simply unattainable and utilising the Court system to obtain Judgment is the only option. In certain cases obtaining Judgment is just the start and you will need to consider the next stage of the process, enforcement!

Unbeatable Knowledge

At PLC we apply our high level of legal expertise and practical knowledge in debt recovery to talk you through the various enforcement methods available and help you decide on which process is most suited to your particular debtor. This due-diligence is essential at the beginning of enforcement to ensure that your outlay is kept to a minimum.

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CHARGING ORDER

If your debtor is the owner of a property, or has a beneficial interest in a property, it is possible for you to secure the Judgment against the property by obtaining a charge. Whilst a charging order may not result in a direct recovery of the monies owed to you, we believe that this should always be the first port of call as a charge is the best way to secure your debt. The costs of the application process will be added to the security and the charge will continue to attract interest at the current rate of 8% per annum.

ORDER FOR SALE

Once a charge has been registered on the title of the property you may wish to consider applying for an Order for sale of the property. It is prudent to note that the Court will only consider forcing the sale of a property if there is sufficient equity in which to satisfy the debt and any prior charges (i.e.: mortgages/second charges) from the proceeds of sale. The Court will generally not consider an order for sale if the debt is less than £15,000.

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debt recovery medway

HIGH COURT ENFORCEMENT OFFICER

If your Judgment debt is more than £600 you can obtain a Writ of Control against the debtor which is transferred up to a High Court Enforcement Officer (previously known as a Sheriff). At PLC we have a long-standing professional relationship with a team of highly skilled and professional Enforcement Officers who promote firm but fair enforcement. Their agents will visit the debtor’s premises in order to secure payment or to take control of the debtor’s assets to the value of your debt. They can also recover commercial rents under CRAR – Commercial Rents Arrears Recovery Process.

COUNTY COURT ENFORCEMENT OFFICER

Operating in much the same way as a High Court Enforcement Officer the County Court Enforcement Officer (“CCEO”)(previously known as a Bailiff) can be instructed once a Warrant of Execution has been granted by the Court. Typically it is only viable to utilise the CCEO where the debt is less than £600.

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debt recovery medway

ATTACHMENT OF EARNINGS ORDER

If your debtor is employed then you can apply to the Court for an Attachment of Earnings Order. Once the Application has been granted the Court will impose on the debtor’s employer to deduct a monthly sum from the debtor’s salary and send it direct to a Centralised office of the Court. The Court will then forward the monies to you for you to allocate towards the debt. In order for the Application to be successful you will need to know the name and address of the debtor’s employer. The Court will consider the minimum amount the debtor can survive on and determine the rate of repayment from his or her income and expenditure.

THIRD PARTY DEBT ORDER

A Third Part Debt Order is a useful option if you have knowledge of the debtor’s account details. Once the Application is lodged at Court the Judge will make an Interim Third Party Debt Order which ensures that the third party (in most cases this would be a bank or building society) freezes the account so the debtor is unable to withdraw funds. The case will be listed for a hearing where the Judge will decide whether any monies frozen should be paid to you in order to satisfy the debt. If there are insufficient funds in the account then the Application will be unsuccessful.

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debt recovery medway

ORDER TO ATTEND COURT FOR QUESTIONING

This is not strictly speaking a method of enforcement but more a fact finding exercise to give you a clearer understanding as to the debtor’s financial status. Once the Application is lodged at Court an appointment date will be given and the order will be returned to the Applicant in order to personally serve the debtor. Providing the debtor is cooperative then he or she will attend Court and provide valuable information for you to decide on your next step. However, should the debtor fail to attend the appointment then the Court will make a suspended committal order. If the debtor continues to evade the Court this could potentially result in a penal sentence against the Defendant and a warrant for the debtors arrest will be granted.

BANKRUPTANCY AND INSOLVENCY

As an alternative method of enforcement we can advice you on the issuing of bankruptcy proceedings against an individual or the procedure for winding up a company that is insolvent.

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