Frequently Asked Questions
Please send all new instructions to us using the email addresses below:
Debt Recovery Cases – wrnewinstructions@wilsonandroe.com
Property Services Cases – property@wilsonandroe.com
This allows us to ensure that the information we hold is correct and to provide the Court with the exact breakdown of the Judgment, if requested.
This will usually be the address that is present on the original claim form, as the Court will refuse to seal a Writ application without an accompanying witness statement if the address differs to their records.
This is vital in helping us manage your case. Contact details can include email addresses, telephone numbers and social media details. The date of birth of a debtor is also useful to have.
Please provide any further known addresses of the debtor.
Where possible, please provide details of the debtor’s goods. For example, the registration details of a vehicle.
Please provide as much detail as possible relating to the debtor and their potential vulnerable status. This will assist us when determining how to manage the case.
We ask that all potential risks are communicated to our office, preferably within your initial instruction. We can then ensure that all risks are managed correctly and promptly from the outset.
We are unable to advise how long the Court will take to process your application. However, we will try to reduce the chance of any delay so that we can proceed with your case as soon as possible.
The Court fee for a Writ of Control is currently £78.00, which is payable by you as the instructing client
Upon receipt of a sealed Writ of Control, we will issue a Notice of Enforcement to the debtor which informs them of our involvement. This document gives the debtor 7 clear days to raise sufficient funds to repay the debt in full, and clearly outlines details of all further costs that will be incurred if payment is not received by the given date. This is called the Compliance Stage.
Once you have instructed us, we ask that you and your colleagues direct any communication from the debtor to ourselves.
During the Compliance Stage, the debtor may make a partial payment or propose a payment arrangement. Although an arrangement may be accepted after the Notice of Enforcement has expired, at this point, only payment in full will prevent an agent from attending the property. The agent will visit the debtor, review the circumstances of the case and make a note of goods held that could be sold to satisfy the outstanding debt, if required.
If the Notice of Enforcement expires without payment in full, the case will be assigned to an enforcement agent who will attend the property. Once an attendance has been made, we will send a report to you which has been written by our experienced client relationship managers who will be able to assist you with your case.
If we enter into a payment arrangement with a debtor, we do not take all our fees upfront. For payments over £50.00, we will send 70% of the funds collected to you and retain 30% towards our fees, until either party is paid in full. Please note that the compliance fee will be deducted at the beginning of the arrangement. For payments under £50.00, the funds will be split 50/50 before being paid over.
All monies recovered under a Writ of Control must be held for a minimum of 14 days as per the Insolvency Act 1986. Pay over will commence on the following Wednesday after that period.
In circumstances where we have been unable to recover payment, an abortive fee will be payable by you as per regulations.
If you need further information, please do not hesitate to contact your client relationship manager. Alternatively, you can contact our office on:
Telephone: 0161 925 1800
Email: wr@wilsonandroe.com
We also operate a client portal which provides live access to cases. This can be discussed with your client relationship manager to determine whether this is right for you.
In all cases, we need to know whether or not the Judgment Creditor is VAT registered and able to reclaim VAT from HMRC under the normal VAT rules. Please communicate this information to your client relationship manager at the earliest opportunity.
Need help? Let’s talk.
If you have any other type of Judgment or are unsure how to move forward with your application, please contact us and we will be happy to help.
You can speak to us by telephone on 0161 925 1800, by email at wr@wilsonandroe.com or fill in our contact form here