Legal debt recovery

A one day professional meeting from IRRV Scotland

Thursday 23rd June 2016

Grangemouth

Course background

Presented by Stephen Cowan of Yuill + Kyle Solicitors, this comprehensive one day professional meeting on legal debt recovery has been organised to give local authority practitioners in-depth training, including low-cost/high-impact pre-sue options, right through to court action and bankruptcy/liquidation.

Fast-track routes will be explored and consideration given to whether authorities are using Late Payment legislation to their advantage, for example their ability to recover interest and collection costs.

The full programme includes :

Scotland - Bringing an Action

  • “7 Day demand letter”
  • Pre-sue report
  • Sheriff Court or Court of Session?
  • Small claim – up to £3000
  • Summary cause - £3001 - £5000
  • Ordinary cause - > £5000
  • If defended Small claims hard to pursue economically...restricted expenses
  • Summary Cause and Ordinary Actions provide reasonable expenses recovery

Scotland – Claim Form

  • Statement of Claim
  • Warrant to serve
  • Service – 21 days
  • Return Date
  • Calling Date
  • Undefended decree
  • Defended actions

Scotland – Defence

  • Small claims and Summary cause – Defences and counterclaim competent
  • Usually stated at Calling
  • Pleadings informal
  • Sheriff can reach decision at Calling
  • Ordinary actions – Defences and counterclaim competent
  • Summary decree

Scotland – Proceeding to Proof

  • Citing witnesses
  • Notice to Admit
  • Lodging Productions
  • Witness evidence by “live link”
  • Proof hearing – decision
  • The Proof

Scotland – Enforcing the Decree

  • Charge
  • Arrestment
  • Earnings Arrestment
  • Attachment
  • Money Attachment
  • Inhibition
  • Pre-decree diligence

Scotland – Sequestration

  • Statutory demand or charge> £3000
  • Debt advice and information pack
  • Creditor’s Oath
  • Petition
  • Warrant for service
  • Copy to Accountant in Bankruptcy
  • Petition hearing...sequestration “shall” be awarded : can be continued

Scotland – Liquidation

  • Petition
  • Grounds – “company unable to pay its debts as fall due” – short form

Statutory demand

  • Statutory demand > £750 then 3 weeks
  • Service of charge for debt of any sum
  • Provisional Liquidator
  • Joining an existing petition

Seminar Leader : About Stephen Cowan

Yuill + Kyle are one of Scotland’s leading debt recovery and credit control law firms. Their senior partner, Stephen Cowan, has written extensively on Scottish legal debt recovery issues and is a regular contributor to "Credit Today” and “Credit Management”. He has written the section on Scottish litigation in Croner’s “Guide to Credit Management” and Tolley’s “Effective Credit Control and Debt Recovery Handbook”.

Stephen lectures on Scottish Debt recovery law and credit control issues on behalf of various organisations including Central Law Training and the Institute of Credit Management. He is also a tutor with the Universities of Glasgow and Strathclyde, Glasgow Graduate School of Law.

This professional meeting represents excellent value for money, with delegate fees starting at only £125 + VAT. This includes lunch, refreshments, and training materials. The course starts at 10am (registration from 9.30am) with a finish time of around 3.30pm.

As places are limited, early booking is recommended. The IRRV regrets that, under normal circumstances, delegate fees cannot be refunded. However, delegate substitutions may be made at no cost at any time prior to the event, subject to these being notified to the Institute.

SPECIAL OFFER :

Every fourth place from the same organisation booked for the course in this brochure (and made in the same booking) is entirely free of charge. Please note that, due to the demand for places, this offer applies only to the course detailed on the booking form on this brochure. 

Download Booking Form

Any queries?
If you have any queries, please contact

Fraser Macpherson,
IRRV Development Manager,
2A Argyle Street,
Dundee,
DD4 7AL

Telephone/Fax – 01382 456029;
email scotland@irrv.org.uk

How to Book
Please download and complete the booking form and send/fax it to the address above. You may also email bookings to scotland@irrv.org.uk. Full joining instructions will be sent to delegates once a booking form has been received.

As places are limited, early booking is recommended. The IRRV regrets that, under normal circumstances, delegate fees cannot be refunded. However, delegate substitutions may be made at no cost at any time prior to the Seminar, subject to these being notified to the Institute.

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