Debt recovery

Small claims on-line

An on-line government service, Money Claim On-Line, can be found at:

HM Court Service Small Claims procedure

Basically this is a very easy way to pursue small claims through the courts without visiting the court or filling in printed forms, it is all done on line, and fees can be paid by credit card.

Claiming Interest on Late Payments

Amendments to The Late Payment of Commercial Debts (Interest) Act 1988 came into force on 7th August 2002 following an EC Directive. A very brief summary of the provisions of the Act follows; you should consult your Accountant or Solicitor if you require more detailed information.

Suppliers can claim 8% above base rate and this can be claimed retrospectively on debts going back to 1st November 1998. The interest itself constitutes a debt which can be pursued even if the principal is repaid.

The Act applies to transactions for the supply of goods or services where both supplier and purchaser are acting in the course of their business. Businesses of any size are now included, but consumer credit agreements and debts of private individuals are still excluded.

If there is no contractual agreement or trade custom (e.g. the purchaser usually pays at the end of the month following the month of delivery), "late" is defined as 30 days from the delivery of the invoice or goods, whichever is the later.

Debt Collection overseas and in the UK

A member has recommended EULER HERMES Collection, 1 Canada Square, London E14 5DX (020 7860 2756), http://www.eulerhermes.com/uk Their rates are: commission on results only for UK collection, and £35 up front plus commission for overseas collection.

Also, STA GRAYDON have sent the following to us:
"STA Graydon is part of the world's largest independent Debt Collection business, with offices throughout the UK, Europe, USA, Mexico, the Far East and affiliates around the world. We have collected £250m from 60,000 debtors in 2003. ABA members will benefit from a discount to rates of commission and a No recovery, No commission basis. There are no upfront costs or annual contract so debts can be placed on a one-off basis.
Please contact Miles Wybourn on 01622 600900 or fax: 01622 600396
Email: miles.wybourn@staonline.com
Website: http://www.stagraydon.com/
Address: 3rd Floor, Colman House, King Street, Maidstone, Kent ME14 1DN."