Recovery of claims

Recovery of monies awarded in a claim can involve negotiation or litigation, but usually begins with a letter of claim in what is known as the dunning process – which can also be used if monies are to be recovered in cross-border cases (ie from overseas).

The dunning process involves a series of measures to recover claims, starting with initial correspondence to the debtor, such as the letter of claim, and ending with a statutory demand and possibly visits to any premises to recover debts.

Once a court has awarded compensation in any claim, it is important to enforce the debt as soon as possible – and establish a dialogue to recover the monies.

Using harassment or threats are illegal in recovery of claims, but patient and persistent negotiation to recover the debt can yield results without recourse to court proceedings.

In cases where a third party – such as a bank or building society – is holding monies for the debtor, it may also be possible to apply for a Third Party Debt Order (TPDO), which in effect freezes the assets held by a third party, such as a bank.

Kajetthan Abra Lawyers & Solicitors civil litigation solicitors have extensive experience in recovery of claims – and our specialist claims recovery solicitors can advise on recovering monies in any type of claim, including:

• Criminal injuries claims
• Employment claims
• Family law claims
• Landlord and tenant claims
• Medical negligence claims
• Personal injury claims
• Property law claims
• Road traffic accident claims
• Work injury compensation.

In the event the debtor fails to pay, it is possible to obtain a court order for payment in the County Court. If the debtor continues to refuse to pay, the court can then take further steps – called enforcing a judgment – to recover the monies.

At this stage, steps such as sending in bailiffs to recover the monies might be an option.

It is also possible to use mediation to recover claims – Kajetthan Abra Lawyers & Solicitors civil litigation solicitors can advise on dispute resolution and mediation in recovery of claims matters.

Kajetthan Abra Lawyers & Solicitors can also advise on applying to the court for an instalment order to be made – which means the debtor pays the outstanding monies in agreed instalments.

In cases where a debt is being repaid in instalments, it may also be possible to obtain a Charging Order on a debtor’s home or property they own – so that the debt is secured against the debtor’s property and can be repaid if the property is sold or re-mortgaged.