Litigation & Recoveries
Litigation & Recoveries
Welcome to the Litigation & Recoveries team page.
Have you recently received a letter from us?
If you have recently received a letter from us and are unsure what to do next, please call us on the direct line number provided to you in our letter. Alternatively please call our reception desk on 01202 786161 and they will be able to put you through to the correct team.
We will be able to confirm the status of your case and confirm the options available to you.
How to pay
There are a range of payment options available to you
Via your bank by: Direct to us by:
– Standing Order – Debit
– Telephone Banking – Credit Card (in limited circumstances)
– Online Banking – Cheque
– In Person
I’m unable to pay, what should I do?
Our team are trained to help you.
If you are unable to pay your debts due to financial hardship, unemployment, or because you are unwell, please contact us to talk to a member of the team. If you do not feel comfortable talking to us over the telephone, you can contact us by email or post. Alternatively you can nominate a 3rd party, such as a friend or relative, to talk to us on your behalf.
We will ask you for your permission to record details of your circumstances to our case file and we will seek your permission before forwarding details on to our client.
Our team will also provide support where somebody has died or in the case of bereavement.
If you require emotional support or you are unable to cope for some other reason you may wish to contact:
- Samaritans – samaritans.org – 116 123
- Grassroots Suicide Prevention – www.prevent-suicide.org.uk
Where to find free, confidential debt advice
If you are experiencing money worries you may wish to talk things through with an experienced debt advisor. There are many ways to clear your debts and the one that is best for you will depend on your personal circumstances.
You can obtain debt advice for free and a debt advisor will help you to make the right decisions. You can seek advice through online services over the telephone or by face to face meetings.
Debt advisors will:
- Treat everything you say in confidence
- Give you advice
- Suggest ways of dealing with your finances and debts
All of the advice services below are free to use:
- Step Change Debt Charity– stepchange.org – 0800 138 1111
- Citizens Advice – citizensadvice.org.uk
- PayPlan – payplan.com – 0800 280 2816
- National Debtline– mymoneysteps.org – 0808 808 4000
- Debt Advice Foundation – debtadvicefoundation.org – 0800 622 61 51
- Christians Against Poverty – capuk.org – 01274 760720
- Advice UK – www.adviceuk.org.uk – 0300 777 0107
- Money Advice Scotland – moneyadvicescotland.org.uk
County Court Judgments and your credit file
After a County Court Judgment has been entered against you it will be recorded on the Register of Judgments, Orders and Fines (“the Register”). This information will be taken by the credit reference agencies and any unpaid debt or Judgment is likely to affect your credit rating. A Judgment or default registered on your credit file will probably make getting loans or other credit difficult.
- If the Judgement entered against you is paid within one month, you can apply for the Judgment to be removed from the Register. You will need a certificate from the Court (charge payable direct to Court). Once the Judgment is removed from the Register it should be removed from your credit file.
- If you satisfy the Judgment after one month, you can apply to have the Register updated to reflect your payment. You will need a certificate from the Court (charge payable direct to Court). The Judgment will still appear on the Register (and also on your credit file) but it will be marked as satisfied.
If you do not pay your Judgment then your creditor has a number of ways to enforce their Judgment to recover the sums owed to them.
The Court Rules set out various methods for enforcing a Judgment. This is a short guide to the options available to creditors. This is not to say that our client will be taking one or more of these options. Our client can use several different enforcement methods either simultaneously or consecutively.
Asking you for information about your assets and liabilities
Your creditor may ask you to provide information about your means and ability to pay. This will assist the creditor in assessing your personal financial circumstances and will enable your creditor to take all factors into consideration when they review any payment proposal or before they enforce the debt.
Commonly this is done by the creditor sending you an income and expenditure questionnaire (Standard Financial Statement) which asks you questions about your income and outgoings.
Whilst you can elect not to provide any information about your means to your creditor, the creditor can make an application asking the Court to order you to attend the Court to answer questions about your means. If you wish to provide details of your income and outgoings to enable our client to assess your financial situation and any offer of repayment, a link to the Standard Financial Statement can be found here.
If you own a property, your creditor can ask that the Court secure the Judgment against your property. If successful, your creditor will be able to register a charge against your property at the Land Registry. If you were then to sell your property or remortgage, your creditor would look to be paid from any sale/remortgage proceeds.
A charging order does not mean that your creditor can immediately take possession of your property and sell it to recover the sums owed. Your creditor can make an application to Court for an Order for Sale in certain circumstances which would then entitle them to take possession of your property and sell it. If you are concerned about this you should contact an advice organisation or seek legal advice.
Attachment of earnings
If you are employed, your creditor may be able to ask the Court for an Attachment of Earnings Order. An Attachment of Earnings Order provides that a proportion of your earnings are deducted by your employer and paid to our client in instalments, until the judgment debt is satisfied.
Execution against goods by Warrant/Writ of Control
Your creditor may enforce by way of a Warrant or Writ of Control. You will be served with an enforcement notice and a bailiff or enforcement officer will then attend your property and invite you to pay the sums owed. If you are not in a position to do so, the bailiff/officer will be entitled to take possession of goods to sell in order to recover sufficient sums to settle your outstanding debt.
There are a number of rules regarding the entry of bailiffs/officers onto property. In brief:
- Domestic homes – a bailiff/officer cannot force entry and must enter peacefully.
- Business properties – a bailiff/officer may force entry and does not require permission to enter.
Your creditor may commence insolvency proceedings for an undisputed debt. This could be done after Judgment with a negative enforcement return from a bailiff or enforcement officer being used as evidence that you cannot pay your debts as they fall due. Alternatively your creditor may commence insolvency proceedings without a Judgment by serving a Statutory Demand (or if a company owes the money, by issuing a notice of intention to commence winding up proceedings).
You should seek advice from an advice organisation or a solicitor. Insolvency proceedings can seriously damage your credit rating, you may lose your home and other assets that you own may be sold. If you are a limited company it could lead to your business being wound up.
How Do I Complain?
Lester Aldridge prides itself on the service that it delivers.
If we do not meet your expectations or you are dissatisfied, or we get it wrong, please tell us. It would help us if you can provide full details of your complaint including any documents that you think we should consider.
You can contact us by:
Emailing us by clicking here.
Letter – Lester Aldridge LLP, Russell House, Oxford Road, Bournemouth, BH8 8EX
Telephone – 01202 786161
Complete our contact form by clicking here.
- Acknowledge your complaint in writing within 5 working days
- Investigate the matter fully and assess your complaint fairly and consistently. Depending on the nature of your complaint, your concerns may need to be addressed by our client directly. If the matter is referred to our client to deal directly, we will inform you of this.
- Send you our final response concluding our findings within 8 weeks. Our final response will set out whether we consider your complaint to be upheld, the reasoning for this, and whether any redial action or redress is required.
- If you remain unsatisfied you can approach:
- The Credit Services Association
- The Financial Ombudsman
Meet our team
Currently, when a dispute arises between parties in different countries within the European Union, those parties turn to EU law to determine which country’s laws will apply. If no deal is agreed over Brexit, many of the rules on court jurisdiction and enforcement will be repealed.
You may have heard the news today about House of Fraser announcing a planned Company Voluntary Arrangement (CVA) which if approved, will see the closure of 31 of its 59 stores.
It has been reported this morning that Carillion plc, the UK’s second-largest construction company and a key government contractor along with other group companies, have been unsuccessful in their discussions with stakeholders for a turnaround plan.
The latest revision to the Pre-action Protocol for Debt Claims (PAP) will come into force on 01 October 2017. The PAP applies to any business claiming payment of a debt from an individual and describes the conduct that the Court will expect from those parties prior to issuing a Claim Form.