1. Debt Recovery and Enforcement
clear pr acti cal advi ce
Leigh Ferguson and Greg Kilvington
17 September 2013

2. Speakers
Greg
Leigh
Kilvington:
Ferguson:
Solicitor
Commercial Litigation
Legal
Executive
Commercial Litigation
Sarah Roscoe:
Andrew Wilson & Co.
Karl Harrison:
Andrew Wilson & Co.

3. Areas of Interest
Credit control; ‘top tips’
Letter before action
Making the most of your Claim
Practical considerations
Recent changes
Enforcement

4. Credit Control; ‘top tips’
Know your customer
Provide terms and conditions
Credit limits (and stick to it)
Accurate and timely invoicing
Formal credit control procedure (and stick to it)

5. Credit Control; ‘top tips’
Phone (not just email)
Resolve disputes early; record the resolution
Deal with excuses
Paper trail
Be proactive

6. Letter before action “LBA”
Step 1 in the Court Process
The Civil Procedure Rules 1998
(PDPAC or any other pre-action protocols)
Know your customer – address for service
What are you claiming and why?

7. Letter before action “LBA”
Terms and Conditions – are they incorporated?
What will you do if payment is not received?
Claim / Stat’ Demand / Retention of title
Prescribed information – individual/corporation

8. Making the most of your Claim
Point of no return
Issue your claim
Interest (Contractual and/or Statutory)
Statutory Compensation, if applicable

9. Practical Considerations
Defence?
Allocation – location?
Evidence – witnesses
Documents – preservation
Trial – public
ADR

10. Recent Changes
Jackson
Northampton Bulk Centre
Money Claims Online
The Courts
Allocation – Small Claims

11. Andrew Wilson & Co

12. Presentation to
Watson Burton
LLP
By
17 September 2013

13. Introduction to Andrew Wilson & Co, High
Court Enforcement (HCE) by
Sarah Roscoe
Director of Cerberus Group and Andrew Wilson & Co.

14. Market-leading
performance results
• Privately-owned business
• Leading HCE for recovery of judgment debt
• Based in Salford, Manchester with nationwide bailiff
coverage
• Currently receive 12,000 judgments for enforcement
per year
• Employ bailiff team rather than subcontract
• Unique to HCE market with all support services within
the group
• Our clients are protected from exposure to costs
• We only get paid on success

15. HCE presentation by
Karl Harrison
An HCE Officer and Director of Andrew Wilson &
Co

16. HCE key dates
• 1833 – First Wilson family became Under Sheriff
• 1977 – Andrew Wilson originally in control of
North West/appointed Under Sheriff of three
counties
• 2004 – removal of bailiwick restrictions

17. What is a HCE officer
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Understanding his powers: breaking in
Residential property and commercial property
HCE Officer or County Court Bailiff?
Who use an HCEO to recover debt
Robust enforcement: firm but fair
Speed

18. Any questions?

19. Enforcement
Writ – High Court
Orders to attend court for questioning
Third party debt orders
Charging Orders
Attachment of Earnings – County Court

20. Questions ?