How You Can Possible Make A Proper Debt Collection
The formal notice to pay is a formal intervention made to the debtor who has not paid a sum of money. This is the last step before the litigation stage.In particular, it must comply with certain mandatory information in order to subsequently orient itself towards judicial recovery:
It must be sent by the service in charge of collecting unpaid invoices from your company but can also be carried out by a collection company or by a bailiff (summons to pay which has the same value as a formal notice to pay).The formal notice must be sent by registered letter with acknowledgment of receipt. You can make use of the Debt Collection Agency London there.
If it is sent by the creditor himself, it must include: the date, the address of the recipient, the request for payment, the payment period, the coordinates of the sender and include the words “formal notice”. If the formal notice is made by a collection company, it must comply with other more specific terms.
The contentious phase
Despite the various reminders and the formal notice to pay, the customer is still reluctant to pay you. There are different more or less coercive methods and qualified professionals (debt collection firm, bailiff or lawyer) who can help you. In all cases, it is necessary to appeal to the courts to obtain an enforceable title (legal act by which a creditor can obtain the forced recovery of his debt). The latter is obtained in several ways.
The Order For Payment (Oip)
The order for payment is a legal procedure which allows the creditor to obtain the condemnation of his debtor to pay the amount of money he owes him. It is an inexpensive and relatively quick procedure. It is ideal for small amounts, generally less than 4000 dollars.
Several conditions must be fulfilled to be successful:
The OIP must be addressed to the court of the domicile or registered office of the debtor. The competent court depends on the amount of the sum claimed but generally it will be brought before the District Court for disputes of less than 10,000 dollars. If the claim is of a commercial nature, it will be necessary to apply to the competent Commercial Court.
The procedure is not adversarial, which means that the judge will render his decision without having listened to the justifications of the debtor because he is not summoned to the hearing just like the creditor. The judge then relies solely on the documents provided by the creditor to determine whether the claim is justified. Take help of the Debt Collectors London in this case.
For a request to be admissible, it must emanate from a contract or a statutory obligation mentioning the amount of the debt. It can also come from a bill of exchange, a promissory note, the acceptance of an assignment of professional debt.
For all the details concerning the payment order, it is interesting to inquire directly with the public service. It is important to note that this procedure cannot apply to debts arising from alimony or a bad check as these are specific procedures.