- Intermediate *6 hours CPD
This course is suitable for paralegals and debt recovery practitioners who wish to enhance their understanding of the debt recovery process from instructions through to enforcement. The course includes:
- Pre-action thoughts: profiling the debt and the debtor
- Consideration of different trading entities: limited company/sole trader/partnership. Knowing who to sue
- Terms and conditions - points to consider: retention of title, Consumer Credit Act compliance
- Taking instructions: identifying the debtor, the cause of action and possible defences
- Limitation periods
- Money laundering and know your client issues
- Data Protection Act: personal data, notification required, potential offences and procedures required
- Pre-action considerations: contacting the debtor, protocols and interim remedies (if required)
- Issuing proceedings: where, how, statements of truth, time limits and Court procedures
- How to obtain default judgments
- Summary judgement and striking out
- Costs: who pays? Part 36 offers
- Enforcement: obtaining information, charging orders, execution against goods, attachment of earnings order and the third party debt orders
- Insolvency: statutory demands, personal and corporate insolvency, voluntary arrangements, receivership, administration, liquidation and bankruptcy
- The likely future for enforcement following the Tribunals, Courts & Enforcement Act 2007