Notice: This post is more than 90 days old and may not be up to date. Information provided by Kidwells Solicitors on our website is for informational purposes only. It is provided in good faith but we make no guarantee of any kind regarding the accuracy, reliability, or completeness of any information. We always recommend businesses seek independent legal and financial advice before working with us or acting on any information on our website.

Debt – what do I do?

debt
Debt comes in various guises. Perhaps you are a landlord owed rent by a tenant, a business owed a sum for goods or services or an individual who provided a loan at a time of need. 

Where to start

The starting point is to ensure that you keep accurate records. Retain documents of how, why and when the debt came about and keep a note of any discussions with your debtor concerning repayment. Be aware of your debtor’s personal circumstances i.e. is there a reason why they are not able pay. 

 

You can then consider notifying your debtor of what will happen when or if they fail to pay; usually reminders and statements of account are issued as a matter of course. It might be worthwhile writing a letter of claim or making a follow up call. Let your debtor know if you are considering any legal action and throughout the recovery action keep your debtor up to date with any additional arrears or monies due. 

Offer debt repayment options

When contacting your debtor, think about whether to offer a repayment plan or whether an alternative payment method might expedite matters; for instance, debit/credit card or online payment through a secure website. An agreed payment plan should be realistic as to what your debtor can afford but should, at the same time, result in the debt being repaid.

The next move

If the debtor does not engage with you, question whether the debtor can’t pay or won’t pay. The difference is that the latter will require more robust action to prompt payment. In cases of rent arrears, landlords can proceed down the eviction route. Individuals and businesses may consider County Court Proceedings or insolvency action. 

Legal action

Should you be contemplating legal action, Kidwells offer a free initial consultation where we can advise on the likely costs and outcome for your specific debt. 

 

Contact us on 01432 278179 or email for further information. 

No Fields Found.

Leave a Comment

Your email address will not be published.

By continuing to use the site, you agree to the use of cookies. more information

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.

Close