Nolans - Services

Services

Nolans Solicitors appreciate that litigation is generally a last resort. We understand the importance of managing and controlling costs for our clients. Whilst we are set up to take your cases straight to litigation, should you wish to do so, we also have a number of pre-litigation processes which can be tailored to suit your requirements.

Our bespoke computer system allows our clients to have real time access to their accounts online and to benefit from our bespoke reporting suite which can also be accessed online. As our system is unique our reporting suite can be adapted to meet your needs.

If a matter becomes litigated we have the experience and knowledge to guide you through the process from start to finish.

We can also provide invaluable training for your staff on all aspects of Scottish Debt Recovery & Litigation.

At Nolans we make sure that you, our client, receive the ultimate debt recovery service.

Commercial Debt

Late Payment of Commercial Debts (Interest) Act 1998

This charge applies to commercial contracts for goods and services provided there is no separate provision within your own Terms and Conditions for recovery of late payment charges. Interest can be applied to your outstanding invoices at the rate of 8% over the Bank of England base rate together with fixed sum charges ranging from £40 - £100 per month. The recovery of these sums can help to mitigate the cost of proceeding with Litigation.

Pre Litigation

At Nolans our expertise in providing pre litigation strategies prove to be extremely effective for our clients. These strategies can be tailored to suit your requirements and can often result in immediate settlement.

Litigation

Nolans Solicitors are highly experienced in issuing all types of court proceedings on behalf of our clients. Our dedicated teams can you guide you through this process and provide invaluable advice to assist you with the recovery of your debt.

Post Litigation

Nolans also have a Post Litigation Letter Suite which can be implemented to assist with recoveries prior to enforcement action being undertaken. Our recoveries team are highly experienced and they strive to maximise recoveries whilst minimising costs to clients.

Consumer Debt

FCA

Nolans has an established reputation for quality of service and flexibility to meet each client’s particular requirements. We are fully cognisant of our clients’ regulatory duties, whether that be the FCA or other commercial regulatory bodies. Nolans Solicitors’ partners and staff conduct client business proficiently, efficiently and ethically.

Vulnerable

At Nolans we have an experienced Sensitive Support Team who can identify and assist vulnerable customers. This may be an ongoing vulnerability or it could be temporary. We understand that their vulnerability may be a barrier to them being able to deal with their own affairs and our approach can be tailored to assist them in dealing with their debt.

Pre Litigation

At Nolans our expertise in providing pre litigation strategies prove to be extremely effective for our clients. These strategies can be tailored to suit your requirements and can often result in immediate settlement.

Litigation

Nolans Solicitors are highly experienced in issuing all types of court proceedings on behalf of our clients. It is important to understand that there are occasions where there is no alternative other than to proceed with Litigation. Our dedicated teams can you guide you through this process and provide invaluable advice to assist you with the recovery of your debt.

Post Litigation

If the debt has not been settled during the litigation process then Nolans also have a Post Litigation Letter Suite which can be implemented to assist with recoveries prior to enforcement action being undertaken. If enforcement action is required then there are number of options available. Our highly experience recoveries team can assist in guiding you through this process whilst striving to maximise recoveries for you whilst minimising costs to our clients.

Enforcement Procedure

Earnings Arrestment

If employment details for a debtor are known, Sheriff Officers can be instructed to serve an Earnings Arrestment Statutory deductions from the wages due to the debtor are then made and paid to the arresting creditor or their agents. If an employer fails to implement an arrestment the employer can be found liable to pay the sums which ought to have been deducted from the debtor’s earnings.

Arrestment

Any funds owed to the debtor but held by a third party (ie the debtor’s bank account, trade customers of the debtor etc) may be arrested in the third party’s hands and paid over to the creditor or their agents in satisfaction or part satisfaction of the debt.

Inhibition

Similar to a Charging Order, only of use against homeowners, prevents sale, transfer or remortgage of property without payment of full sum, interest and expenses, as well as expenses of putting Inhibition in place.

Attachment

Goods belonging to the debtor can, subject to statutory rules, be attached and sold. This means that the debtor is notified of an attachment and in the event that the debtor wishes to avoid the sale of goods will come to an acceptable payment arrangement. If they do not do so, the debtor’s goods can be sold to set against the debt due (subject to certain statutory exceptions and limitations).

Insolvency Procedure

Liquidation

Our specialist team can provide advice on formal insolvency proceedings against Limited Companies. This can be an effective way of obtaining payment of an undisputed debt over £750.00. If the company fails to settle their debt upon demand then they can be Liquidated. Nolans experience in these matters regularly sees our office instructed by Insolvency Practitioners to assist in realising company assets.

Bankruptcy

If your debt is in excess of £10,000.00 and remains unpaid then you may wish to consider bankruptcy proceedings. This limit is currently under review and it is expected to be reduced to £5,000.00. These proceedings in Scotland are often referred to as sequestration. This is a formal method of dealing with an outstanding debt if other options have failed and applies to individuals and sole traders.