Debt Collection in the UK

Does your company have to deal with a debt collection case in the UK because a British customer does not pay your invoice? Our the UK debt collection specialists and attorneys will be happy to help you. We ensure that your outstanding invoice is paid quickly.
Read here what we can do for you if you want to engage a debt collection agency in the UK.

Meet our British
debt collection specialists

International debt collection in the UK

Debt collection in the UK is different than the United States. Both the success rates and the average collected amounts are higher in the UK. Furthermore, it is common in the United Kingdom for attorneys to collect your debt prior to going to court. Bierens has a team of international in-house attorneys from over 20 different countries who are specialized in collecting small or large past due accounts receivable. As a leading debt collection agency of UK debt, Bierens can provide fast and successful debt recovery throughout England.

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What are the Benefits of collecting debts in the UK with Bierens?

British speaking attorneys: Meet our debt collection experts

We have attorneys who are specialised in the laws of England and Wales. They know the legal system inside out and can help you recover your claim in the amicable phase and advise in the legal stage. With our contacts across the UK, we can have claims issued and enforced throughout England and Wales, Scotland, and Northern Ireland.

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Debt collection procedure in the UK

There are two phases that may be applicable for your debt collection process in the UK. During the extrajudicial phase, collection takes place without Court intervention. During the judicial phase, we do involve the Court. Because we are a law firm, we can assist you during both stages. Most matters are resolved during the extrajudicial phase, without Court intervention.

Extrajudicial phase in the UK

In principle, we always start the debt collection process with the extrajudicial phase. During this phase, we try to prevent Court intervention. We will contact your debtor to ensure that your debtor pays as yet. At this stage, we have the following options:
Step 1

Written demand letters and phone calls

We send the debtor a written demand letter and contact them by telephone, requesting that they pay your claim within a few days, together with interest and costs.
 
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Step 2

To effect a settlement

Our lawyers will use their knowledge of the customs of trade and regulations to arrive at a settlement with your debtor. Reaching a settlement is a very popular means in the United Kingdom to encourage your customer pay. This can also be used during legal proceedings;

Alternative dispute resolution (ADR)

This is a cheaper, faster and easier way to settle disputes without Court intervention. One example is ‘Mediation’. It can offer both parties certainty in a shorter time period, as there is no need to wait for a court decision. ADR is actively encouraged by the courts, in fact, they do not like it if a party has unreasonably refused to engaged in ADR. Which method of ADR is right for your case largely depends on whether the debtor is willing to engage, and the type of contractual relationship you have.
Step 3

Announcing legal proceedings

The most powerful way to put pressure on your British customer is by announcing that you are going to start legal proceedings. Most companies want to avoid legal proceedings, so usually, this announcement convinces them to pay immediately. That is why it is advisable to promptly engage the service of a debt recovery lawyer, who can announce such proceedings on your behalf. This way, you prevent an unnecessarily protracted debt recovery process.
What if the debtor refuses to pay during the amicable phase?
If your debtor refuses to pay during the pre-legal phase, we can, in consultation with you, start legal proceedings. For this, we do a credit check and analyze the financial situation of your debtor. This allows us to better assess how your debtor is doing financially and whether legal proceedings make sense. When the claim is disputed, we also must start legal proceedings in most cases.
Step 4

Judicial debt collection

If the debtor does not pay within a set period of time, we can, in consultation with you, commence legal proceedings. We will always provide you with information in advance regarding the potential costs, and we only proceed after obtaining your permission.

Contingency-based debt collection agency in the United States

During the extrajudicial phase, we work based on a contingency fee. That means our fee is directly proportional to the amount we recover. We also aim to recover the interest and collection costs from your debtor as much as possible in order to maximize your profits.

In the highly unlikely event that we do not collect anything, you will not have to pay us any fees. You can find a full overview of our fees on our fees page.

Debt collection laws in the UK

If collecting your claim in the amicable phase is unsuccessful, then we can take legal action in consultation with you. However, before doing so, we will first have to determine which court is applicable for your debt collection in the UK. It is worth noting that the UK consists of three different jurisdictions that have their own laws and procedures. As a result, there are different options for claims in England and Wales, Scotland and Northern Ireland

Small Claims Procedure

laims smaller than £10,000 are dealt with as ‘small claims’. Usually, hearings are not as long as those for higher value claims. Sometimes there is no hearing at all. One disadvantage is that the costs of these proceedings are rarely charged to the losing party.

Fast Track Procedure

These proceedings are used for higher value, non-complex claims (usually up to £25,000). These proceedings tend to take more time than ‘small claims’. Also, the court will sometimes order that at least part of the costs of the proceedings should be paid by the losing party. However, the amount is at the discretion of the Court

Multi-track Procedure

Claims larger than £25,000, or particularly complex cases, are dealt with in ‘multi track’ proceedings. On average, these proceedings take longer, with the final hearing usually lasting more than one day. There is a greater willingness on the part of the Court to order that the losing party has to pay the costs of the proceedings, although again, the amount is at the discretion of the court.

 

International debt collection has never been easier with Bierens Collection Attorneys. We overcome any language, cultural and legislative barriers because we approach your debtor in their native language with our in-house specialists.

The best part is that we solve 95% of our cases without court intervention on a contingency fee basis. If your debtor fails to pay during this phase, then our efforts don’t stop just there. Our attorneys have the experience of local and international debt collection laws, which allows us to litigate on your behalf if necessary.

With Bierens by your side, no debtor can hide from us. You will not have to write off your debts or waste your time and money on a never-ending case. Find out what we can do for you below or contact us today for immediate action.

Third-party debt order

If you are in possession of a judgment, the third-party debt order can be used to freeze the debtor’s bank account and/or assets. The third party will be ordered to pay the debtor's money that is in their possession to satisfy the outstanding judgment.

Charging order

A charging order allows a creditor to secure the judgment debt by imposing a charge over the debtor’s property, securities and other assets. This requires a Court application to be issued and for a Judge to make an order. This is a particularly useful form of debt collection enforcement when there is a substantial equity position in the asset.

Winding-up petition

The winding-up petition is a procedure that is also known as compulsory liquidation and can take up to 8 weeks. If your debtor refuses to pay, the court can order the compulsory liquidation of the company. Liquidators will then be appointed to distribute any surplus across creditors.

Summary-proceedings

Limitation period in the UK

Under the laws of England and Wales, money claims based on breach of contract have a limitation period of 6 years while claims under the law in Scotland have a limitation period of 5 years. This applies as soon as the invoice is due and payable, meaning that you can no longer take legal action against your debtor as it will become ‘time barred’.

Start your debt collection in the UK today!

Start your debt collection case in the UK today! While our British Desk get started on your case, you can resume your regular business operations. Upload your case for immediate action or contact our experts today.

If you prefer to speak directly with a debt collection specialist, feel free to contact us by phone at +1 347 862 9438.

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Find out how we have helped other clients with international collections including debt collection in the UK

From simple debt collection cases to complex legal matters, from small businesses to multinationals across different industries, our specialists have assisted over 24.000 companies worldwide, including the UK. Find out how our international specialists and lawyers have helped other companies in a similar situation and find the solution for debt collection in the UK.

Frequently asked questions about debt recovery in the UK

How does debt collection work in the UK?

Debt collection in the UK always starts in the extrajudicial phase where we send your debtor customized demand letters and contact them by phone. If your debtor disputes the claim or fails to respond, then we can proceed by taking legal action in consultation with you.

How will you recover my debt in the UK?

We will always contact your debtor by sending an initial demand letter, which we also follow up with a phone call. That way we avoid any form of miscommunication. Our approach is always firm and respectful, and you will always be informed of the status of your case.

What are the costs for debt collection in the UK?

We handle all out-of-court cases on a contingency fee basis, also for debt collection in the UK. We aim to recover the principal amount including interest and costs from your debtor. If we do not collect, then you pay no fee. If you decide to take legal action against your debtor, then we move to an hourly or fixed fee. We do not have any hidden costs and will always consult you before proceeding with any kind of legal action.

How long does an average debt collection procedure in the UK?

This depends on each situation and debtor. We always start in the amicable debt collection phase. This process takes a relatively short time because we provide your debtor with limited time to complete the payment. When starting your case, your case worker will provide an estimate of the duration of your case. Should your debtor fail to respond, then our specialists and attorneys can provide you with an expected outcome or course of action within 4 weeks. If legal proceedings are necessary, the debt collection process takes longer. The duration depends on the legal proceedings and on whether the debtor raises a defence.

What chances do I have for successful debt recovery in the UK?

The chance for a successful recovery depends on the nature of your debt collection case. We solve 95% of all cases on a contingency basis. Our specialists and attorneys always do their utmost to ensure to collect your claim as fast and efficiently as possible. We always make sure to give you honest and practical advice that will deliver you the best results.

When is a debt collection case taken to court?

Our preference is to collect your claim without court intervention. Therefore, we always start a collection in the amicable phase. If this has no effect, then we will discuss your judicial options with you. We will never intiate court proceedings without your explicit consent.

How much does it cost to go to court?

The court fees depend on the value of the claim and the country in which litigation takes place. In some cases, the amount is fixed, but it may also depend on litigation procedure.

How long do legal proceedings take in the UK?

The duration of legal proceedings in the UK depends on the complexity of your case and ON whether your debtor raises a defence.

How long before a debt is written off in the UK?

Payment claims in the UK have a limitation period that differs compared to other countries. There are, however, several ways to interrupt this limitation period. For more information, it is best to contact our specialists.