Legal Recoveries-old

If we know your customer is in full time employment, once a County Court Judgment has been obtained we can make an Application to the Court for the customer to produce proof of income and expenditure and the Court will then determine how much the customer should repay each month. This is known as a Suspended Attachment of Earnings Order. If the customer fails to respond to the Court’s request the Court will then proceed to write to the customer’s employer to ask them to provide the relevant information – once this has been provided the Court will assess and make an Order for a minimum set amount to be deducted by the employer from the customer’s salary each week/ month. The amount to be deducted will vary depending upon the amount being paid each month so, for example, if the customer were to receive a bonus one particular month it is likely that you would receive a higher amount that month too as the deduction from the customer’s salary would be higher. This is known as a Full Attachment of Earnings Order.

Timescale: 2 to 3 months approx

We would recommend this enforcement action for debt values of up to £600. A County Court Bailiff will make up to three attendances at a property for the purposes of obtaining a full or part payment or has the power to uplift and sell a customer’s goods to the value of the debt.

Timescale: 2 to 3 months approx

We would recommend this enforcement action for debts of £600 plus. Enforcement Agents are privately employed and if they fail to recover the debt they are only able to submit a nominal invoice. They provide detailed reporting at each stage of their instruction and attendance and will carry out additonal checks such as HP checks on vehicles. Enforcement Agents also have the power to uplift and sell a customer’s goods to the value of the debt. In addition to the Judgment amount they will also seek to recover additonal interest and costs which ultimately are payable by the customer.

Timescale: 2 to 3 months approx

If your customer is a sole or joint owner of a property,an application can be made to the Court for a Charging Order. The Charging Order is similar in effect to a first or second Charge / Mortgage registered against the customer’s property. It will be registered at HM Land Registry and will stop any sale or remortgage of the property without notification/discharge of your Charge from the sale proceeds.

Timescale: 2-3 months approx

A third party debt order is usually made to stop the defendant taking money out of his or her bank or building society account. The money you are owed is paid to you from the account. A third party debt order can also be sent to anyone who owes the defendant money.

The organisation or person that is holding the money is referred to as the ‘third party’. A third party debt order will prevent the defendant having access to the money until the court makes a decision about whether or not the money should be paid to you. In these proceedings the person who owes you the money is referred to as the ‘judgment debtor’; you are referred to as the ‘judgment creditor’. The money held by the third party must be held solely for the defendant. You can’t, for example, apply for a third party debt order against a joint bank account unless the judgment debt is owed by all the account holders.

Timescale: 1 month approx

Customer to attend court for questioning is an order for the Defendant to attend court and be questioned under oath about their financial circumstances.

The court can ask for information on things like:

• Income and outgoings
• Employment
• Your home
• Any other property you own.

The order to obtain information will state the Defendant needs to attend court on a certain date. The defendant will have at least 14 days notice of the hearing.

The order to obtain information will contain a penal notice. This is a warning that if the Defendant doesn’t go to the hearing, they can be sent to prison for disobeying the court order (contempt of court).

Timescale: 2-3 months