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Training Course Summary:

** THIS COURSE IS RUN ON DEMAND **

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.

Training Course Overview/Content:

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

Legal Proceeding (in the County Court)

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. Hearings and reviews
disposal hearing - pre-trial review

4. 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

High Court Procedure
The 'specially endorsed writ' - service
Procedures after service - default procedure - defended actions

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