Unpaid debts can create uncertainty and unnecessary financial pressure for your business. To ensure recovery, prompt and effective action is key. We understand that the process of handling outstanding debt in the right way is crucial to avoiding reputational damage and limiting the impact on your business’s cash flow.
JLN works closely with clients to assess the most effective approach to achieve high recovery rates, preferred repayment terms and the best possible outcome for the situation.
Our debt recovery service can help you at any stage in the recovery process from pre-legal debt collection to litigation and insolvency action. We advise on:
- debtor tracing and collection;
- letters before action;
- pre-action protocols for debt claim compliance;
- mediation services;
- negotiation and advocacy;
- representation at court proceedings;
- defending legal actions;
- repayment agreements and security arrangements – instalment monitoring and assessments,
- insolvency action;
- process review and credit control; and
- credit management advice.
What is a letter before action?
- A letter before action is a formal letter requesting payment of a debt to a business and warning them of the imminent issuance of a court claim if not resolved within the set time period. If the debt is paid then no further action is required.
- This is an essential part of the debt recovery process and must be sent prior to action or the costs risk being forfeited.
What is the pre-action protocol?
- If claiming for payment of a debt from a sole trader or individual the pre-action protocol for Debt claims must be satisfied. This requires additional information beyond the letter before action to be included in the letter of claim.
- Only if the debtor fails to reply to the letter of claim within 30 days of the date set out, will the creditor then be able to start court proceedings.
- The protocol encourages early engagement and agreement between the parties without the need for court proceedings.