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Legal debt recovery : a one day professional meeting from IRRV Scotland
Tuesday 16th June 2020

for the booking form please click here

Presented by Stephen Cowan of Yuill + Kyle Solicitors, this comprehensive one day professional meeting on legal debt recovery has been organised to give local authority practitioners in-depth training, including low-cost/high-impact pre-sue options, right through to court action and bankruptcy/liquidation.

Fast-track routes will be explored and consideration given to whether authorities are using Late Payment legislation to their advantage, for example their ability to recover interest and collection costs.

The full programme includes :

Scotland - Bringing an Action

  • “7 Day demand letter”

  • Pre-sue report

  • Sheriff Court or Court of Session?

  • Simple Procedure – up to £5,000

  • Ordinary cause - > £5000

  • If defended Simple Procedure hard to pursue economically…restricted expenses

  • Ordinary Actions provide reasonable expenses recovery

Scotland – Claim Form

  • Statement of Claim

  • Warrant to serve

  • Service – 21 days

  • Court Timetable and Response Date

  • Undefended decree/decision

  • Defended actions

Scotland – Defence

  • Ordinary actions – Defences and counterclaim competent

  • Summary decree

  • Basic Simple Procedure defended actions and the role of the sheriff

Scotland – Enforcing the Decree

  • Charge

  • Arrestment

  • Earnings Arrestment

  • Attachment

  • Money Attachment

  • Inhibition

  • Pre-decree diligence

Scotland – Sequestration

  • Statutory demand or charge> £3000

  • Debt advice and information pack

  • Creditor’s Oath

  • Petition

  • Warrant for service

  • Copy to Accountant in Bankruptcy

  • Petition hearing…sequestration “shall” be awarded : can be continued

Scotland – Liquidation

  • Petition

  • Grounds – “company unable to pay its debts as fall due” – short form Statutory demand

  • Statutory demand > £750 then 3 weeks

  • Service of charge for debt of any sum

  • Provisional Liquidator

  • Joining an existing petition

Seminar Leader : About Stephen Cowan - Yuill + Kyle are one of Scotland’s leading debt recovery and credit control law firms. Their senior partner, Stephen Cowan, has written extensively on Scottish legal debt recovery issues and is a regular contributor to "Credit Today” and “Credit Management”. He has written the section on Scottish litigation in Croner’s “Guide to Credit Management” and Tolley’s “Effective Credit Control and Debt Recovery Handbook”. Stephen lectures on Scottish Debt recovery law and credit control issues on behalf of various organisations including Central Law Training and the Institute of Credit Management. He is also a tutor with the Universities of Glasgow and Strathclyde, Glasgow Graduate School of Law.

This professional meeting represents excellent value for money, with delegate fees starting at only £165 + VAT. Every third place from the same organisation booked for the course in this brochure (and made in the same booking) is entirely free of charge.

 

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