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Legal Skills: Debt Collection: Understanding the Legal Process

Course Code: DCT      Days: 1
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Course Overview

If you want a clear understanding of the legal process for collecting debts, then this insightful course is for you.

Litigation may be the final option to collect debts. This course provides an up-to-date view of the law and current debt collection practice so that delegates will know what is involved in processing a claim through the court.

Audience

Suitable for anyone who wants to understand the process and implications of 'going legal' to collect trade debts.

Course Outline

The Legal Relationship with the Customer

  • Understand the principles of litigation and key definitions
  • Legal status of the customer
  • Your contract with the customer
  • Legal impact of your terms and conditions
  • Implications of Retention of Title clauses

Implications of the Legal Route

  • Your choices in pursuing a debt
  • Exhausting your options before going legal
  • Is the decision to sue the right one?

How to Process a Claim Through the Court

  • Understand the procedure from pre-action considerations to enforcing the judgement
  • Understand the documentation, processes and timescales
  • What are the costs involved?
  • Collecting interest on the debt
  • What happens with defended actions?

Enforcing a Judgment

  • The costs involved
  • Using an order to obtain information from judgment debtors
  • Sending in the bailiffs
  • Attachment of earnings
  • Third Party Debt Order
  • Charging Orders

Credit Control and the Court System

  • Your relationship with the customer
  • Deciding whether to 'do it yourself'
  • When to use a solicitor
  • What information will a solicitor need and when?
  • How to give yourself the best chance of recovering the debt


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