Using social media to help debt recovery can be a legal minefield. Master Collections helped a client successfully challenge an application to set a default judgment aside with the help of LinkedIn.
At first sight passing on information without prior consent of a sole trader’s name and address to a debt collection agency to collect an outstanding balance infringes on the sole trader’s privacy. But it is extremely unlikely the sole trader would consent to the processing of their data for the purposes of debt collection.
The new Pre Action Protocol for debt claims introduces rules on the conduct of debt recovery where a business is owed money by an individual or sole trader. If the new Pre Action Protocol for Debt Claims is not managed effectively it will have an impact on your cash flow.
Often we are asked to recover money for goods and/or services supplied to customers where there is no contract to support the same. Although not ideal, it doesn’t make debt recovery impossible and the usual defence ‘Get lost, I didn’t sign anything’ depending on the circumstances does not apply.
Master Collections have built a reputation in the industry as the go to debt collector for Italian debt collection. Hardly surprising when you consider Master Collections is a family business run by Italians. As a result Master Collections are able to offer its clients connections with lawyers in Italy.
Master Collections have built a reputation in the industry as the go to debt collector for recruitment debt collection. Indeed we often get asked to collect unpaid commissions and retainers for recruitment agents that are subject to terms and conditions the debtor tries to escape. In some cases the debtor will defend the claim in the courts on the basis that allegedly the recruitment agent breached the contract.
Master Collections has built a reputation in the industry as the go to debt collector for construction. Indeed we often get asked to collect for construction sub contractors who have not been paid Payment Applications as a result of the contractor’s failure to issue a Payment Notice.
Before you decide to issue a County Court claim ensure that your conduct of the matter has been compliant with the Civil Procedure Rules Pre-Action Conduct and Protocols. There are currently 13 protocols including amongst others, Construction and Engineering Disputes and Professional Negligence.
In April 2013 the Ministry of Justice increased the small claims limit from £5,000 to £10,000. Excellent news for every do-it-yourself litigant who fancies themself as a lawyer because costs on the small claims track are irrecoverable. Why spend money on legal professionals? What have you got to lose?