Debt Collection in the United Kingdom
Are you in need of support for debt collection in the United Kingdom? Oddcoll is here to facilitate swift and efficient payment from your British debtors. We comprehend the frustration caused when international clients fail to settle their invoices. Conventional methods and pressuring strategies frequently fall short. By launching your case with us in a matter of minutes, you’ll gain access to a local British debt collection expert right where your debtor is situated. Quick, effective, and stress-free debt collection in the United Kingdom.
Can Oddcoll aid me with debt collection in the United Kingdom?
Definitely. Starting the debt collection process against your British customer is as simple as uploading your case to us. It takes less than a minute to create your first case and account.
Our British debt collection expert, well-versed in UK debt collection legislation and business culture, will start exerting pressure on your debtor locally in the UK. The specialist will communicate in your debtor’s native language, enhancing the likelihood of a successful outcome.
What is the cost of a debt collection case in the United Kingdom?
You only pay if your UK claim is successfully collected. We charge a 9.5% commission on the collected amount.
To put it another way, you’ll receive 90.5% of the total amount collected.
There is also a monthly membership fee for using Oddcoll. However, feel free to test our service without a membership fee for the first 30 days. During this period, you can initiate as many cases as you desire, free of start-up costs or risks. All cases begun during this period will be fully managed and you will only pay if we succeed in collecting your money.
What actions will you take to recover the debt in the United Kingdom?
We will take several actions to recover the debt. First and foremost, we will attempt to persuade your British customer to pay during the amicable collection stage in the UK, without initiating legal proceedings. This is achieved through our understanding of UK laws, regulations, and business culture. Our actions may include:
Applying pressure on the debtor
Employing legal channels and petitions where necessary
Enforcement of claims.
Will my relationship with my British customer be adversely affected?
Absolutely not. Our debt collection measures always adhere to sound UK debt collection practices, based on the regulations in place in the United Kingdom. Our local specialists are well-acquainted with British customs and consistently act with professionalism, ensuring that your customer relationships are preserved in the best possible manner.
What does the process look like once I have initiated my UK debt collection case with you?
The process is straightforward:
1, Simply upload your unpaid UK invoice to us.
2, Our team in the UK will start taking action against your British debtor to recoup the debt. You can monitor the progress on our platform and receive notifications when there are updates on your case.
3, Once the debt has been successfully recovered, the funds will be transferred to you.
(See how easy it is to get started – 55 sec!)
What are the chances that my UK debt will be recovered?
Historically, our success rate has been around 80% for cases in the UK.
A variety of factors can affect the complexity of a successful case.
These may include the financial capacity of the British debtor, if the debtor disputes their payment obligations, among others. The age of the claim can also play a significant role. The sooner a case is escalated to debt collection, the higher the chances of success.
How long does the debt collection process in the UK usually take?
Providing a general timeframe can be challenging, as each case is unique. Sometimes a debtor has simply overlooked the debt, and the process is resolved quickly. At other times, more persuasion and pressure are required, and the case takes longer. However, we strive to expedite the case as much as possible. As our fee is contingent on successful recovery, it is in everyone’s interest to retrieve the entire claim as promptly as possible.
What kind of documentation does Oddcoll need to start the debt collection process in the UK?
The main document we require is the unpaid UK invoice that you have issued. If there are any other relevant documents, such as a signed contract or proof of delivery, you can upload them as well. If any additional documentation is required, our debt collection specialist will request it during the appropriate stage of the process. Moreover, it would be beneficial if you could provide the debtor’s contact details and a summary of any previous interactions you’ve had with them. This information will aid us in engaging with the debtor as effectively as possible.
Can you assist me with legal debt collection in the UK?
Yes, we can certainly assist you with all types of legal debt collection processes that might be necessary against your UK debtor, from court proceedings to enforcement and insolvency processes.
Do you deal with all kinds of claims?
No, our speciality is B2B claims, meaning we handle debt collection cases against companies based in the UK.
What are the advantages of using Oddcoll for debt collection in the UK?
– Our team is well-versed in UK business culture and regulations, offering a thorough and comprehensive debt collection process.
- Our online portal is accessible 24/7, allowing you to keep informed and updated on the progress of your debt collection case at any time.
What if I have a multitude of unpaid UK claims to upload?
That’s not an issue. You can start your cases by:
Either uploading them individually (each taking about a minute), through an Excel file, or by integrating your ERP system with our platform via an API.
Does your coverage extend beyond debt collection in the UK?
Indeed, it does. Oddcoll is a global B2B debt collection service. We have local debt collection experts located all over the world, so you can confidently and efficiently use Oddcoll for all your international debt collection needs.
What is Oddcoll?
We know how difficult it can be to get a customer abroad to pay. As a creditor in another country, you have no leverage.
We have solved this problem by creating an international debt collection platform with the best local debt collection agencies and law firms around the world.
This means that when you create a case with us, a local debt collection specialist will work on your case, no matter where in the world your debtor are located.
Through testing and careful screening, Oddcoll ensures that you have the best local debt collection specialist available everywhere!
An international debt collection Service that covers all the world.
Always local debt collection specialist with their boots on the ground where your debtors are located.
Always manage your cases quickly and easily on our web portal. 24/7.
“Judicial” debt collection in the UK.
Taking a debt collection case to court.
The UK has three legal systems, so the legal process looks slightly different depending on where in the UK your debtor is located. This is because the UK was created through a political union of formerly independent countries. Article 19 of the Treaty of Union, which came into force in 1707, guaranteed that Scotland would continue to have a separate legal system. In 1800, when Ireland was united with Great Britain, the principle of separate courts was maintained in Ireland, as it remains in Northern Ireland today.
England and Wales have a unified court system based on common law principles, which originated in medieval England. The Northern Ireland court system is very similar to that of England and Wales, while the Scottish court system is a model that combines elements of both the common law and civil law systems.
England / Wales.
Limitation periods for bringing actions before the courts:
In order to bring an English or Welsh debt collection case to court, no more than six years must have passed since the claim arose.
Which court to turn to:
A dispute between two civil parties is usually brought in either the County Court or the High Court, depending on the amount in dispute and the complexity of the case. Claims of less than £100,000 are dealt with in a County Court, while claims over £100,000 are dealt with in the High Court.
A summons to a County Court for the collection of a monetary claim in England or Wales is now made online and is handled centrally. Thereafter, the main rule is that the case is transferred to the County Court where the debtor is located. That is, where the debtor lives if it is a natural person, or carries on business if it is a company. However, both parties can make requests as to where a case should be handled, but ultimately the court has the final say.
Summonses relating to monetary claims are divided into different procedural “tracks” within the court, in order to streamline and facilitate legal proceedings. Claims from £0 to £10,000 are distributed to the “small claims track”. A claim from £10,000 to £25,000 to the “fast track” and other claims to the “multi track”.
English is the language used for legal debt collection in the UK when the debtor are English or from Wales. It is also possible for Welsh speakers to litigate in Welsh.
Do I have to pay court fees?
Taking your English or Welsh claim to court involves certain costs.
The cost of the court process depends on various factors such as the size of your UK debt collection claim and whether or not the case is contested. In many cases, costs incurred can be added to the amount of the claim if you win in court.
Judgment by default.
In England and Wales there is no specific procedural procedure for payment orders. Instead, there is a system whereby a creditor can obtain a default judgment in certain situations. This is an integral part of the civil procedures in England and Wales.
A debtor has 14 days to respond to the creditor’s demands made in the summons. If the debtor does not respond (i.e. does not answer the court), then the creditor has the option of asking the court to issue a default judgment (i.e. ordering the debtor to pay the amount claimed in the absence of a response).
A defendant has the possibility to file a statement of defence to the claim, even after the 14 days have passed, until the creditor files a request for a default judgment. A creditor needs to request a default judgment within 6 months of the expiry of the debtor’s time limit for filing a statement of defence.
A default judgment can be granted in almost any type of case in civil courts in England and Wales and there is no upper limit on the amount of the claim.
To apply for a default judgment, the creditor should apply to the court where the claim was heard. That court can then check that the defendant has not lodged a statement of defence and that the time limit for lodging these documents has expired.
The small claims procedure (known as the small claims track).
As mentioned earlier, there are different “tracks” into which UK cases in English or Welsh courts are divided. Most relevant to UK debt collection cases would be the small claims track for claims between £0 and £10,000. The type of complexity also plays a role in a judge’s decision as to whether or not a case should be processed under the small claims track. This means that claims over £10,000 may also be considered for the claims track but claims under £10,000 may also be considered for the ordinary civil claims track if the complexity of the case is high.
The process for the small claims track is simplified and adapted to allow parties to easily represent themselves and at the same time to easily understand the process. The procedure is relatively informal compared to other procedures. The court is not bound by so many procedural rules but can direct the court proceedings quite freely.
In some cases, the judge may consider that a written hearing is sufficient and that the parties do not need to meet in person. However, both parties have the possibility to request a physical hearing anyway.
There are two main courts for civil court cases in Scotland. The “Sheriff courts” and the “Court of Session”.
Most commonly, for debt collection in the UK, when the debtor is in Scotland, the Sheriff Court, in the area where the debtor is domiciled, has jurisdiction to hear the case.
Taking a UK debt collection case to court in Scotland involves some costs. These costs vary depending on the nature of the case. Usually the losing party is ordered to pay these costs.
In some cases of judicial debt collection in the UK, where the debtor is Scottish, there are simplified court procedures. This means that unless the debtor disputes his or her obligation to pay to the court, a creditor can apply for an order/judgment to be issued, proving that the debt exists. This can then be used in enforcement proceedings in Scotland. Such a possibility exists for the creditor in legal proceedings in both the Sheriff Court and the Court of Session.
For legal debt collection in Great Britain, when the debtor is located in Northern Ireland, it is mainly the County Court or the High Court of Northern Ireland that handles the disputes. The County Court deals with claims under £30,000.
As with legal proceedings in England, Wales or Scotland, in Northern Ireland there is also the possibility of seeking a default judgment where the debtor does not contest the claim.
For UK debt collection cases in Northern Ireland where the amount of the claim is less than £3,000, there is a special simplified process which is intended to be a little more informal and easier for debtors to participate in.
Enforcement proceedings in the UK.
Enforcement is a measure taken by a court to force a debtor to comply with a court order. It is used by a creditor in the process of debt collection in the UK, when the creditor has gone through the legal process, received a judgment/decision that the debtor owes money, but then the debtor continues to not pay. The creditor can then take the judgment to the authorities who will help transfer assets from the debtor to the creditor.
England and Wales.
Such as the legal system in England and Wales is structured, the creditor is free to choose which enforcement measure they wish to use to obtain payment from the debtor. The court is obliged to follow the creditor’s wishes and use the enforcement method of the creditor’s choice. And it is not for the court to determine which is the most effective method in a particular case.
Enforcement actions that can be taken in England and Wales are:
Sending bailiffs to the debtor: one measure is to ask the court to send bailiffs to the debtor. They will then give the debtor 7 days to submit payment. If not, the bailiffs will be sent to the debtor’s home (or business) to see if there are any assets of value that they can sell to cover the debt.
Deduction from the debtor’s salary: if the debtor is a private individual, the court can be instructed to make a deduction from the insured person’s salary. The court then sends a request to the debtor’s employer to make a deduction from the salary on an ongoing basis.
Freeze assets or money in an account: you can ask the court to freeze money in the debtor’s accounts. The court will then assess whether the account can be used to pay the debt.
Charging the debtor’s land or property: you can ask the court to levy a “charge” on the debtor’s land or property. If the debtor sells the land or property, this charge must be paid before the debtor gets his or her share.
Applying for enforcement is not a guarantee of getting paid in judicial debt collection in the UK. In some cases, there are no assets that can be accessed. An assessment must be made in each individual situation, and based on the financial situation of the debtor, as to whether it is worth applying for enforcement. There are costs associated with the application which cannot be recovered if the debtor does not pay.
In Scotland, the approach to Enforcement is that it is the “Sheriff Officers” and “Messengers-at-Arms” who are responsible for carrying out Enforcement actions on the application of a creditor. They are not employed by the State, but act as independent contractors, but under the control of the court. A variety of enforcement measures are at their disposal.
Northern Ireland has a slightly different organization for Enforcement than the other countries in Great Britain. The “Enforcement of Judgments Office” is the central authority responsible for the process in Northern Ireland.
Before commencing enforcement, a creditor needs to send a final demand for payment to the debtors, reminding them that enforcement will be sought if payment is not made. The debtor then has 10 days to pay.
The first step is then for officials at the authority to investigate the debtor’s financial situation. Senior officials then decide on the basis of that investigation how the case should proceed and what action may be taken.