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Legal debt recovery : a one day professional meeting from IRRV Scotland
Monday 22nd March 2021

An on-line training workshop over two mornings - Monday 22nd and Wednesday 24th March 2021

Given the COVID-19 health emergency, it has not proved possible to run our usual training events in Grangemouth. In response to demand from delegates, we are running a series of Spring 2021 training events on-line through the highly successful GoToWebinar and Microsoft Teams platforms. This will allows for a full training day but spread over two mornings and will allow for full audience interaction and Q&A sessions in addition to a full training presentation.

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

Stephen Cowan of Yuill + Kyle, one of Scotland’s leading debt recovery and credit control law firms, is course leader. 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 workshop represents excellent value for money, with seminar fees starting at only £165 + VAT. We have held delegate charges at 2019 levels and, in addition, every third place from the same organisation booked in the same booking comes entirely free of charge.

A full brochure is available here.

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