• How To Recover Commercial Debts

Recovering Commercial Debts and Unpaid Invoices

How To Recover Commercial Debt

Whatever your business, whatever your industry, Burlington can provide an effective method of collecting your commercial debts.
As High Court Enforcement Officers, with a Principal High Court Enforcement Officer who is authorised by the Ministry of Justice, we have the ability to seize and remove goods belonging to a debtor when enforcing County Court or High Court judgments.
We encourage our clients to consider the process of obtaining judgment against debtors as just another method in a credit control strategy.
Because we do not deduct commissions from the amount we collect, using Burlington to help you obtain and enforce judgment can be a very effective, ‘cost-neutral’ method of recovery.
Using the courts to recover outstanding debts is sometimes considered a last resort but the process of obtaining judgment has become much more streamlined in recent years, especially with the development of HM Courts and Tribunals Service’s Money Claim Online service. The service allows creditors (or their solicitors) to issue a claim by inputting details online. The court service then proceed to process the claim. Many judgments are obtained without the need for trial and extensive legal costs.

How do I start legal proceedings and how long will it take to get judgment?

Most solicitors specialising in Debt Recovery will operate a fixed-fee service for issuing proceedings and Burlington have several panel solicitors who accept work on this basis.
If you want to minimise outlay, you might want to consider using the government Money Claim Online service (www.moneyclaim.gov.uk) . Using the online service can save on court fees (for example, issuing a claim for £5,000 can cost as little as £100.00 if the claim is not defended).

If the claim is not defended, judgment can be obtained in as little as 14 days from the date of issue. You may find that the Defendant makes payment in the process and the debt is resolved.

What happens if the debtor fails to make payment against the judgment?

In such cases, you will need to consider options for enforcing the judgment. As High Court Enforcement Officers, Burlington can obtain a writ on your behalf and seize and remove goods
belonging to the Defendant if payment is not made.
When enforcing a judgment awarded in the County Court or obtained using the Money Claim online service, we will need to transfer the judgment to the High Court before we can enforce it. The transfer process can take anything up to two weeks, but may be quicker. Once we have permission to enforce the judgment, we will obtain a High Court writ. This will usually take no more than 3-4 days.
Once we have received the writ, we are required to provide seven clear (working) days’ notice to the defendant before one of our Enforcement Officers can be dispatched to attend the defendant’s address. This notice period does not include days allowed for service by post (a further 5 days). Once on site, if the defendant is able to make payment, we will usually be in a position to remit payment to our client within 2-3 weeks.

What will you do once instructed?

When enforcing a judgment by writ, we are required to provide seven clear (working) days’ notice to the defendant before we visit the address you provide. This notice period does not include days allowed for service by post (a further 5 days). Once the notice period has expired, we will be able to attend at the defendant’s address to identify assets.

How much will it cost?

Our fees are generally payable by the Defendant in accordance with Taking Control of Goods (Fees) Regulations 2014. These regulations allow us to charge our fees in addition to the judgment debt where we are successful.
There are costs associated with the writ (a fee of £60.00 is payable to HM Courts and Tribunal Service for sealing the writ) but these costs are recoverable from the Defendant.

How do I instruct Burlington?

To instruct us please complete this online instruction form.

Please remember that clients with ongoing requirements can use our complimentary Burlington
Pathfinder™ portal to lodge instructions online – please contact our Client Services Team on 0330 900 8000 for further details.

  • Commercial Credit Team of the Year 2015

    Burlington were winners for Credit Today awards 2015

  • Voted Enforcement Team of the Year

    Burlington were voted Enforcement Team of the Year at the Debt collection Awards 2014

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Burlington Group is a trading style of Burlington Credit Limited which is registered in England and Wales company registration number 05397925. The company’s registered office is at Rutland House, 8th Floor, 148 Edmund Street, Birmingham, B3 2JR.

Authorised and Regulated by the Financial Conduct Authority for accounts formed under the Consumer Credit Act 1974 (amended 2006, Authorisation number FRN 625709). Burlington Group 2014.Authorised and Regulated by the Solicitors Regulation Authority (SRA number 612962) for the provision of reserved legal activities as a multi disciplinary practice licensed body pursuant to Rule 6.2 of the SRA Authorisation Rules for Legal Services Bodies and Licensable Bodies 2011