| Q |
Do
I have to send a letter before action or can I just issue proceedings
straight away? |
| A |
You
can issue proceedings straight away without sending a letter before
action. However the Court might not allow you to recover
any costs if the Debtor claims it would have paid if a letter had been
sent. |
|
|
| Q |
Do I
need to know the Debtor's full name and address?
|
| A |
You
should provide as much information to us as possible to try to establish
the
Debtors name and address.
If the wrong Debtor is pursued or proceedings need to be amended
to correct the details later this will increase costs and delay the
progress of the proceedings.
Costs could even be awarded against you if the wrong Debtor is
pursued. |
|
|
| Q |
What
is the benefit of the Late Payment of Commercial Debts (Interest) Act
1998 and the Late Payment of Commercial Debt Regulations 2002? |
| A |
If
you do not have an agreement with the Debtor to pay interest if your account becomes
overdue you can claim interest under the Act in the majority of business
to business transactions. Interest
is charged at a rate of 8% above the Bank of England's base rate from time to time.
If
interest is claimed under the Act a fixed sum can also be claimed under
the Late Payment of Commercial Debt Regulations 2002 of between £40 and
£100 dependant upon the size of your debt |
|
|
| Q |
What
happens if the Debtor pays or makes an offer once KJD are instructed? |
| A |
You
should refer the Debtor to us before accepting any offer or payment.
If proceedings have been started your acceptance of any offer of instalments
or a reduced payment may jeopardise your ability to recover costs or to continue
with the proceedings. |