Thirsk Winton LLP

Debt Recovery

Our litigation team are able to assist with all types of debt recovery. Whilst our expertise cover all aspects of contractual and non-contractual pecuniary obligations, we offer a particular specialism in recovery of sums arising from property related obligations.

We adopt a three stage approach to recovery of sums owing for claimant clients:

1 - Assessing the Debt
  • We will first conduct a fact finding exercise to ascertain the nature and extent of the debt. This will include examination of contractual documentation, if applicable, together with a detailed account from our client of the situation creating the liability.

    We aim, having concluded that exercise, to provide you with a synopsis of the options available to you. These typically include direct correspondence with the debtor, alternative dispute resolution or a court claim.

2 - Securing Judgment
  • Should satisfaction of the liability not be forthcoming using the first two options noted above, we will lodge a claim with the County Court (or, if appropriate, the High Court) and conduct the ensuing litigation on your behalf.
3 - Enforcing the Judgment
  • Upon obtaining judgment we will then provide detailed advice in connection with your options for enforcement and recovery. This may, depending on the circumstances of the debtor, include a return to the Court for a further order enforcing your judgment.

    We also act for clients who have received demands or been served with court claims by alleged creditors. We will, in that situation, carefully analyse the debt claimed and provide advice on how best to defend the claim if suitable to do so.

Recent cases we have dealt with:-

Leasehold Charges Liability

Our client had sold his leasehold interest at auction to a buyer for full market value. The auction particulars contained an indemnity, given by the buyer to our client, to the effect that any sums claimed by the landlord in relation to the property (regardless of when the liability arose) would be payable by the buyer.

A few months after the sale had completed our client received a demand for approximately £6,000 in historic service charges from the landlord which arose prior to the sale. Pursuant to the auction contract, the buyer had indemnified our client against this sum. The landlord, however, chose to ignore the existence of this indemnity and pursued our client.

We successfully joined the buyer into the ensuing proceedings as a second defendant and obtained a judgment to the effect that all sums should be paid to the landlord by the buyer, thus ensuring our client made no contribution to the historic service charges.

Recovery of Rent Arrears

Having obtained possession of a residential premises from a letting company for our client, we were instructed to pursue approximately £8,000 in rent arrears for which judgment had been obtained simultaneously with the property possession order.

Using direct debit mandate details provided at the outset of the tenancy we obtained a third party debt order in favour of our client against a large high street bank. They duly complied with the terms of the order and our client was reimbursed the full amount of arrears outstanding at the date possession was obtained.