Consenting to a loan from individual to individual is not uncommon: family, relatives, acquaintances. Difficulties nevertheless arise when the borrower refuses to return the sum of money loaned. In the event of a dispute, various remedies are available to the lender to recover this money. Let’s take stock of the procedure for debt collection between individuals. Choosing the debt collection agency nottingham service is the best choice here.
When a customer does not pay his invoice on time, the first step is to revive him in an “amicable” manner via a reminder letter or a formal notice to inform him of the deadline. Without any reaction from him, inform him that you are going to appeal to other legal and contentious methods in order to make him react and avoid additional costs (procedural costs, bailiff fees, etc.). If the latter still does not react, legal solutions exist such as an order for an order for payment, interim relief or even a subpoena. To facilitate these procedures, the help of a collection firm or a professional (lawyer or bailiff) is strongly recommended because the law in force in this situation may prove difficult to understand.
The so-called “amicable” phase
We can also call this the pre-litigation phase, it consists in the outright recovery of the recalcitrant customer.
The point of all of this is to remind your customer of the obligation to pay and find a solution in order to resolve this issue quickly. You can offer him payment facilities if the person or company is in a fragile financial situation.
The Follow-Up Letter
The reminder letter is often accompanied by the unpaid invoice. This letter will be clear and concise to remind the client of his obligations. Sometimes all it takes is one letter because the latter may simply have forgotten to pay.
The reminder letter must state the amount due as well as the expected payment date. You can also specify the possible prosecutions if the payment does not intervene.
If you do not plan to take this matter to court, sending it by letter is sufficient. On the contrary, if you plan to call on a professional to continue the procedure in a contentious manner, it is strongly recommended to send this reminder by registered mail with acknowledgment of receipt in order to benefit from a certain date and therefore proof that the debtor has been informed. From debt collectors nottingham you can find the right debt avenue.
At the same time, the state executor must:
- Draw up an act on the impossibility of collection.
- Issue a resolution on the end of the enforcement proceedings and send a copy of it to the claimant no later than the next day.
If you received a copy of the order terminating the enforcement proceedings and the original writ of execution, you have the right to:
Again to present the writ of execution for execution, if the period established for this has not expired. to appeal the decision of the bailiff if there is reason to believe that he did not take all the necessary measures to search for the debtor’s property (you have documents confirming that the debtor has property), and therefore the return of the writ of execution and the end of the proceedings are illegal. The complaint must be submitted within 10 days to the economic court that issued the writ of execution, or to a higher authority, an official.
