1. Who collects the money?
At all times we try to encourage the Debtor to send payments to you. We appreciate however that this will not always happen. In those situations where the money is received by us, it will be held by your acting solicitors in your Client account with them. You will be notified immediately we receive the money, and the payment will be sent direct to you as soon as the funds have been cleared.
2. How do I get the money?
If the debt has not been paid direct to you, then as soon as the debtor has paid and the funds cleared, you will be paid by a Client Account cheque.
3. Do I have to go to court?
The decision to commence court proceedings is entirely up to you. If the case is undefended there will be no need for you to go to Court. The Claim Form, judgment and the issue of the Warrant for the Bailiff will not entail you going to Court.
If the Case is defended, or there is a judgment but the Debtor appliesto payby instalments there may be a need for a Court appearance. Solicitors can appear on your behalf if you wish, subject to the cost of that being agreed.
4. What do I have to sign?
The joining process to Debt Collector Online is carried out on line and there is no need to sign any documents. Any documents including court proceedings will be signed on your behalf by the Solicitors.
5. How can I speed up the process?
Once you have joined the DCO system the services offered are immediately available to you. Once you have instructed the system in respect of the service you require, the response will be on the same day, save only that if the request is made after 4.00 pm then the documents will be posted the next working day.
6. How soon is the 7 day letter sent out after request?
If the request is made for a Letter Before Action ( 7 day letter) before 4.00 pmit will be sent out on the same day; if after 4.00 pm it will be the next working day. Letters instructed over the weekend and Bank Holidays will be sent on the next working day.
7. How do I know it has arrived at the debtors?
The Letter Before Action will be sent by Ordinary 1st Class post. The Post Office will advise if it was unable to be delivered. Claim Forms are served by the Courts, also by post. The Statutory Demand served on a Company is sent by Recorded Delivery. The Statutory Demand served on an Individual is served personally where possible, organised through DCO.
8. Who negotiates on my behalf?
Once you have instructed the solicitors in relation to the collection of the debt, any offers of settlement will be made known to you by e-mail and through your Case Management system. Initial contact will be through the solicitors and we will tryto bring about a satisfactory conclusion. If offers are acceptable then these can be concluded through the Solicitors. If there are prolonged negotiations then we would see you concluding these directly with the Debtor.
9. Where will they send the money to?
We request all monies be sent to you directly. If payment is made to us the money will be paid into the Solicitors Client Account in your name. If the payment is made by cleared funds then payment will be made the same day if received before 2.30p.m. If received after 2.30p.m. the payment will be made the next working day. All payments will be made by Client Account Solicitors cheque.
If payments need to be cleared, payment will be made to you immediately upon clearance of the cheque.
10. How do I get my invoice?
Upon payment of any sums for costs or court fees a full VATInvoice will be immediately despatched by post to you.
11. Will they be blacklisted?
Credit Agencies have their own criteria for black listing. If a judgment is not paid then the Debtors name will be entered on to the Register of County Court Judgments. This will cause problems for the future for the Debtor in respect of financial and credit references.
12. How successful is the system?
Looking at the available Courts information over 1,950,000Claims were issued in 1998. The main Court centre has figures in 1998 showing that it issued 748,542Claims with over 72% proceeding to a default judgment. i.e. no Defence. The judgment would include all the fixed costs and court fees. This would not include occasions where payment is made after the Letter Before Action or where payment has been made prior to the need to enter judgment.
13. Can I use this in Ireland….Scotland?
The Online system will not deal with cases outside England and Wales. The legal systems are different and different rules apply. Proceedings can be instituted relatively simply in Scotland and Northern Ireland and if you wish proceedings to be issued for Defendants in these countries then please e- mail firstname.lastname@example.org . Proceedings outside these areas will require more specific legal advice and once again please e mail email@example.com
14. How do I know that my money will be safe?
All actions under the system are conducted by Luttons Dunford solicitors and as such any money held by them is subject to strict rules enforced by the Law Society backed up by a Solicitors Compensation scheme to guarantee the safety of your money. The money is held in a Client Account and remains your money.
15. What if he has paid some of the money?
At every stage we advise you not only of the legal implications of part payments, but in any requests for instructions we lead you through the figures simply and clearly, accounting for any Part payments that may have been made.
16. Does it handle Euros?
The system has been written both in Pounds and Euros in case of a change of currency. All court proceedings and documents will be dealt with in Pound values until such time as the currency may change.
17. How secure is the system?
The whole site has been written encrypted. Security and confidentiality are paramount. All your details are comprised within your own personal log in section with your own password, changeable by you at any time. Do not disclose your password to any unauthorised personnel. If you suspect a breach within your organisation, contact us immediately
18. Who owns the company?
The majority stake in the Company is owned by Solicitors.
19. Do I get my money back if they can't / don't pay?
The system is designed to keep costs to a minimum and the Solicitors fixed costs are added to the debt due by the Debtor. The Court fees are paid out on your behalf to the Court.Both are recoverable from the Debtor but are not re-imbursed if the Debtor does not pay. Please note that the fees for a Statutory Demand are not recoverable from the Debtor.
20. Can I do company credit checks?
We hope to bring this facility to our Clients very soon. Credit checks readily available may help in avoiding the need for debt collection.
21. How do I Pay?
The facility is available by way of credit card, BACs transfer, or CHAPS transfer.
22. Where do I get legal advice?
Advice in relation to the debts being pursued through DCO willbe available to you by emailing firstname.lastname@example.org. Specific instructions and advicecan also begiven through the case diary in relation to each case, enabling direct contact with the solicitors.
23. What do I do if I forget my password?
When you log on to the system you will be asked for a reminder question to enable you to be identified.We will then e mail your password. You can then change your password at any time through your User Profile.