Legal Notice

Publications Contact Us Downloadable Docs KJD Services
        Debt Recovery Services

 

About us
Our Charges
Debt Recovery Process
How to instruct us
Send letter demanding payment
Issue county court proceedings
Serve a statutory demand
Issue a winding up petition
Enforce a judgment
Disputed Claims
Foreign debts
 

FAQ

                                                          

 

Frequently asked Questions 

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.