Pension Companies
We undertake work on behalf of pension trustees in cases where pension payments have been overpaid. It is first necessary to identify the individual who has had the benefit of the overpayment. Fraud is frequently seen in these cases. One recent matter involved three brothers where we established that one brother had prime culpability but we were able to obtain a court judgment against all three. We obtained charges against all three brothers' personal properties. Our client subsequently received full payment of the outstanding debt including interest and legal costs.
Education Sector
We act for a North East based prestigious university in relation to the recovery of tuition fees. The students can be difficult to trace as they tend to move around. Many are overseas students who then return to their country of origin. One case we were involved in concerned an overseas student. Following an in depth investigation the student was found to be still living in this country. Proceedings were issued at Court and, following a hearing which was unsuccessfully appealed by the Defendant in the High Court, Judgment was obtained for our client. Alll monies due to our client were recovered together with interest and costs.
Business Debts
We act for a large number of businesses in respect of unpaid invoices. We are conscious of the effect bad debt can have on the overall success of a business and aim to deal with these matters in as quick and cost effective a manner as possible. A lot of time can be saved by identifying at an early stage why the debt is not being paid. In a recent matter we established that the debtor had the funds to pay but their administration department had failed to process the payment request. In this case it was necessary to issue proceedings to concentrate the debtors mind. We ensured that court papers were personally served on the company at their trading address resulting in the Managing Director arranging payment within 24 hours.
Individual Clients
We also act for individuals in relation to debt recovery matters. Compared to business debts, the issues that arise in these matters can be unique/mutifaceted and often sensitive in nature especially when they concern disputes between family members or friends. A recent matter involved the recovery of a debt due from a horse trader. Our client contracted to buy a particular horse in accordance with her requirements but a different horse was ultimately delivered. The trader disappeared and the client was required to instigate recovery proceedings for the losses incurred. We initially had to trace the missing trader and uncover the location of assets. Proceedings were then issued, judgment obtained and the High Court Enforcement Officer instructed, which resulted in payments being made.
Asset Based Lenders
We carry out work for a number of asset based lenders. This work involves recovery of monies pursuant to assigned invoices and in relation to Personal Guarantees given by officers of the assignors. This work requires a good understanding of (factoring) issues and insolvency in general. A recent matter involved obtaining Judgment against both directors pursuant to their Personal Guarantees. Investigations had previously revealed that one of the Defendants had a property and we subsequently obtained a charge over this property. We then received notification from the client that the debtor was proposing an Individual Voluntary Arrangement ("IVA"). We considered the proposed IVA and discovered that a third party payment included within the IVA was to be made by the other Defendant who was an undischarged bankrupt! We then informed the Official Receiver and the accountants dealing with the IVA accordingly.