Learn about all aspects of Scottish Legal Debt Recovery including pre-legal, court action and decree enforcement.
About the qualification
Debt collection is an important aspect for any business and we’ve all heard the expression that ‘cash is king’. Many clients who are trading in the sale of goods or the provision of services need help when their customers don’t pay. Clients will need your help in recovering these accounts receivables.
The qualification details how you can assist with pre-sue recoveries and collection techniques. If no payment is forthcoming, then the course details the processing of debt recovery actions through the courts. There is an explanation of the different types of court actions which can be taken. Once decree is obtained, the various enforcement options will be explained - known as ‘diligence’ in Scotland.
Of course, there may be opportunities to use the court process to expedite payment before decree is taken. These pre-decree remedies of inhibition and arrestment are fully explained.
It has to be appreciated that not everything will be easy and debtors may have the opportunity to use ‘diligence stoppers’ such as ‘time to pay directions’ or the ever popular ‘debt payment programme’. All of these areas are fully detailed.
Whilst court actions may have to be taken to recover debts on occasions such actions are defended. This is why the course will address the basics of defended litigation and how best disputes can be resolved.
What you'll learn
- Collection techniques and the importance of identifying the debtors’ correct legal identity, such as a partnership and limited company.
- An introduction to the Data Protection legislation and its impact in debt recovery, including an introduction to the Consumer Credit Act.
- The Late Payment of Commercial Debts (Interest) Act.
- The litigation process for undefended actions to include a detailed examination of simple procedure and ordinary cause procedure from raising, serving and obtaining the court’s decision /decree.
- An introduction to defended simple and ordinary cause actions.
- Enforcement of decrees to include charge for payment, attachment and exceptional attachment; inhibition and diligence in the dependence.
- An introduction to bankruptcy and liquidation processes.
- An examination of the debt arrangement scheme.