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MKB Law’s Debt Recovery and Insolvency team provide volume debt recovery for a range of clients throughout the UK, notably finance houses, commercial clients and private clients. We deal with all legal matters relating to debt recovery, debt litigation, insolvency, bankruptcy and credit control. Led by Director David McAlinden, our Debt Recovery and Insolvency team are regarded as one of the principal debt recovery solicitors in Belfast and Northern Ireland.

Debt Recovery

Our society is enormously dependent on financial credit, this also means that the recovery of debt is often difficult. MKB Law offer a range of dedicated services within the area of debt recovery, specifically: solicitors’ letters before action, telephone collections, asset recovery, recovery of arrears and ejectment proceedings on behalf of landlords. Types of debt action we provide are:

Letter Before Action/Seven Day Letter – this is the normal avenue to resolve disputes and is sent prior to commencing legal action. An Enforcement of Judgments Office search will also be used to ascertain any judgment lodged within the last 6 years.

Legal Proceedings – Small Claims Arbitration Court (debts up to £3,000), County Court (debts up to £30,000) and High Court (utilised to all level of debt and manner of action).

Default Judgment – an application for default judgment is effective where the debtor has failed to either pay or to dispute/defend the action. Such application must be accompanied by a statement of truth (Small Claims) or a sworn affidavit (County or High Court actions).

After Judgment – the EJO may issue orders to attach earnings, direct instalment repayments, charge land, seize goods and appoint receivers on thirds parties who may owe monies to the debtor.

As new consumer markets open to local businesses, we have noted an increase in instructions to pursue recovery action and to attend to Court administrative matters on the UK mainland. MKB Law hold certification for UK jurisdictional issues and have been highly proactive in developing this market.

Insolvency Action

MKB Law’s Senior Legal Executive, James McIlveen, provides specialist assistance in this area and works with clients to ensure prompt Insolvency action. We have also had recent occasion to commence insolvency proceedings in both Scotland and England, all with notable success.

Statutory Demands – are the first stage of the insolvency process, the liquidated debt limit must exceed £5,000 for individuals and £750 for company liabilities.

Individual Debtors – the format will vary subject to whether the creditor holds a judgment or not. Application is made under the Insolvency Order (NI) and must be for a liquidated amount.

Corporate Debtors – the statutory demand is applicable when the limited company is unable to pay its debts and should therefore be wound up by the Court and placed into liquidation.

Partnerships – the stat demand is applicable when the entity is unable to pay its debts and should therefore be wound up by the Court and placed into liquidation.

The documentation is drafted by the creditor’s solicitor and brought to the attention of the debtor directly. It may also be subject to advertising in the local press. The debtor has 21 days to pay, secure or compound for payment of the liability, and 18 days upon which to apply to the Court for the demand to be set aside.

Bankruptcy

Following the expiration of a Statutory Demand, a Winding up Petition or Petition for Bankruptcy is drafted by the creditor’s solicitor and must be personally served. In the case of a registered company the Petition must also be advertised. It is considered to be a class action, and in the event of failure to pay, secure or compound, must be processed to conclusion with the debtor’s adjudication in bankruptcy or company liquidation.

Insolvency is a quick and efficient method to obtain an early insolvency hearing and it imposes pressure on a debtor to prioritise payment or to compound with the creditor. The creditor may revert to the judgment route if no payment is derived from the Statutory Demand. The process may open prior fraudulent transactions and the commencement of misfeasance proceedings against debtors. Any subsequent Petition is a matter of public record and may be advertised.

Similarly, if you are in a position whereby the above has been served on you and you wish to dispute this, please contact us to discuss the options available to you. We can advise and assist with obtaining a stay of advertising or an injunction.

Why instruct MKB Law?

MKB Law’s Debt Recovery and Insolvency Solicitors pride themselves on providing clients with a service that is highly efficient, proactive and outcome-driven. Our team have many years of experience handling volume debt and insolvency cases that are the subject of dispute and complex in nature.

Contact our team today on: 028 9024 2450 or email us: info@mkblaw.co.uk

New corporate insolvency measures

Client Feedback

David and his team have been successfully collecting debts due to our Group for many years now. Quite simply they do what they say they will do and get the job done. Their no nonsense approach is combined with experience, commerciality and straight talking. They won’t waste my time or go through the motions of debt collecting – they just go ahead and do what needs done.

When it comes to debt, insolvency or commercial litigation I can’t recommend them highly enough.

Paul Taylor FCMI MCICM
Lynas Foodservice

Since using MKB Law for debt recovery action, we have been very impressed with their level of service. They provide appropriate, timely and effective strategies achieving a high percentage of successful outcomes for us.

Robert Budden MCICM
Irish News Ltd

David and James at MKB Law have personally assisted my business for several years now; they provide an excellent service and I would highly recommend this company.

Gordon Chambers
W&J Chambers Ltd

We have worked closely with Breda for a number of years, assisting us with our debt recovery and debtor advice. Breda is professional and friendly and a pleasure to deal with. We have always found her to be very responsive and quick to react, with precise and factual information. Breda is very knowledgeable and conversant with current law and recovery processes and keeps us informed at all stages. We have enjoyed a great success rate and would have no hesitation in recommending MKB Law and Breda, having already recommended her to some of our own customers.

Ken Robinson, MD
BM Electrical Wholesale Ltd

Contact Us

For more information or to arrange a consultation with a solicitor, please complete our contact form below.
You can also call us on 028 9024 2450 or email info@mkblaw.co.uk

Contact Form