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'Excellence is not a matter of chance but of choice'

Legal Procedures Workshop

Intended for credit staff new to the legal collection processes. The workshop covers the legal procedure in this country, mainly through the County Court, and gives each candidate an opportunity to gain vital first-hand experience in completing the necessary forms, documentation and procedures to successfully collect overdue debts.

Introduction

  • Candidates' expectations

  • Objectives of the day - Why go legal?

  • The legal process in the UK

Making the Decision

  • Factors leading to the decision to sue

  • Knowing the defendant

  • Alternatives and options explored

  • Weighing the evidence

  • Retention of Title

Understanding the Lord Woolf Reforms

  • Understanding the latest system for legal debt collection using the one-path approach

  • What the changes mean to you

Basic Legal Terminology
Legal terms, their meaning and use in order to confidently understand and follow the UK legal collection systems and procedures

Legal Proceedings:

1. Summons preparation
venue - summons issue - the praecipe - claim statement - court fees

2. Serving the summons
service - how - procedures - problems with service what happens after service - options available to the debtor/defendant - liability or counterclaim - time limits

3. Judgement and legal enforcement
enforcement against the debtor - how to enter judgement
judgement execution by Sheriff or Bailiff
attachment of earnings - garnishee procedure
bankruptcy - charging orders - appointing a receiver

4. Hearings and reviews
disposal hearing - pre-trial review

Winding up Petitions - Bankruptcy - Liquidations - Administration Orders
Types of company - the legal trading entity
Factors leading to bankruptcy explored
Options available to the debtor in financial difficulty
Options available to the creditor if the debtor is unable to pay
Factors leading to the decision to effect a winding-up order
Winding-up procedure/process - Benefits and opportunity
Pari-passu

Bank Receiver
Appointing a receiver - Powers and duties
Responsibilities to the debenture holder

The Official Receiver
Powers and responsibilities - Meeting of creditors

Conclusion and Familiarisation Exercises
Documentation familiarisation - Review of all proceedings
Test cases/situations

Forms Competion - The Various Stages
Exercises