FAQs

From here you will find answers to the most frequently asked questions across all our services. Using the filter simply choose either business or individual to access the complete range of services available. Can’t find the answer you are looking for? Contact us to discuss your query.

Can I recover all of my legal fees back form the debtor?

A

Whilst all court fees are added to the debt, the solicitor’s recoverable costs are fixed by the court and in some instances, do not fully cover the costs involved. However, in most cases the interest claimed in the proceedings makes up for any shortfall.

Can I claim compensation on the debt?

A

Compensation and interest can be claimed in commercial contracts pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as long as your terms of contact do not specify alternative rates. Please click here for further details.

Can I claim interest on the debt?

A

Yes! If your terms contain a clause in relation to interest, or interest can be claimed under the court rules. Please click here for further details.

How long will it take to get my money back off a debtor?

A

There is no telling what stage of the debt recovery process will produce a positive outcome. Many pay following the issue of our seven-day letter but it is sometimes necessary to take the action as far as enforcement. Our aim is to get from one step to the other in the shortest amount of time, whilst maintaining pressure on the debtor to settle sooner rather than later. Please click here for details of the debt recovery flowchart.

How much will it cost to recover a debt?

A

Our costs are fixed on a stage by stage basis (letter, issue, judgment etc.) Please click here to see details of our costs and those of 3rd parties (court etc.) involved in recovering your debt.

How can I recover what is owed to me in Scotland?

A

Claims can be brought against Scottish debtors under the Civil Jurisdiction and Judgments Act here in the UK and then enforced through the Scottish Sheriff’s Office. Please contact us for full details.

I have a judgment how can I enforce it?

A

We can take on your case for you and arrange for enforcement either in the County Court of High Court depending on the size of your judgment. Please click here for details of enforcement options or contact us for further details.

What is the process for recovering a debt? 

A

Our service can be tailored to meet your needs. Please click here to see a flowchart of the standard recovery process or contact us for more information.

What is the matrimonial home?

A

The matrimonial home/family home is often referred to as the home in which the parties and their family lived in. Where people are married it is often referred to as the matrimonial home, where they have been in a cohabiting relationship it is often referred to as the family home.  Both parties can have rights over this property irrespective of whose name it is in, irrespective of who has paid the bills. Please note, that the rights of a married couple on separation may well be very different to the rights of a cohabiting couple on separation. It is important that legal advice is taken to advise on those rights.

How can I work out what my partner should pay to me for our children as child maintenance?

A

Parents are encouraged to try and resolve amicably the level of child support that is paid by one parent (the parent with whom the children do not live with the majority of the time) to the other.  If they can reach an agreement all well and good, that does not need to be ratified in a court order or via the CMS (Child Maintenance Service).  Parents can be helped to reached an agreement by using a variety of sources including Child Maintenance Options, a free service providing impartial information and support to help separating parents make decisions about child maintenance arrangements.

Sometimes however parents cannot reach an agreement and an application to the CMS may be necessary. The CMS have a variety of options in dealing with child maintenance including carrying out a formal calculation based on the absent parent’s gross income, collecting the maintenance etc. please note that an application to the Child Maintenance Service is not free, it needs to be paid for by both parents.  The CMS does have a variety of options for enforcement of maintenance as well.

Click here to see the CMS website

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