Written by Kees Post
6 January 2024
A reliable debt collection agency to collect outstanding invoices in the UK? That's us.
We specialise in international direct debit, with a focus on debt collection in the UK. With our expertise and experience, we can help you get your money back, even if it is a debt collection case abroad.
We understand the differences between the Dutch and English debt collection systems and can therefore use effective debt collection strategies.
Starting debt collection proceedings in England with Breyta
- Coverage throughout the United Kingdom
- Collection agency in the Netherlands
- A single point of contact
- No hidden costs
- Expertise in debt collection procedures in England
- Proven effective
Collecting outstanding invoice in England
At Breyta, we understand that debt collection is more than just following procedures; it is a strategic operation where accuracy, tact and timing come together to achieve optimal results. Our team of experts is ready to advise and support you every step of the way.
The targeted collection of outstanding invoices in the UK requires specialist knowledge and a secure approach, exactly what our collection agency, Breyta, specialises in.
Foreign debt collection requires an expert debt collection agency. Which has experience in out-of-court and court proceedings in England.
Late payment letter
We start with a powerful 'late payment letter' to hold your UK debtor accountable, this is what we would call a written demand letter in the Netherlands.
Our years of experience show that clear communication of expectations and consequences describe successful debt collection.
Should this first step not yield the desired result, we are well prepared to take legal action.
What are the charges for debt collection in the UK?
Our collection experts apply a No Cure No Pay policy.
You pay a fee to us only when we successfully collect. We continuously strive to recover these costs from the debtor. If we succeed, the costs for you are minimal and you receive the full invoice amount.
In the unlikely event that nothing is collected, the costs will be limited to a reimbursement of €75. This ensures that you as our client bear a limited financial risk.
How does the debt collection process work in the UK?
Debt collection in England has its own approach and understanding local laws is very important. At Breyta, we are at home with these procedures and we are happy to explain how this is the debt collection process in England.
Unlike in the Netherlands, in the UK you start with an official payment reminder, the 'late payment letter', to the debtor to inform him of the outstanding debt. He is then given a deadline to pay.
If the debtor still does not pay, there are additional steps you can take. For example, you can issue a 'Order to Obtain Information' request. With this, you oblige the debtor to disclose finances.
The process proceeds in steps with increasing pressure: starting with a friendly approach and, if necessary, followed by legal action.
At Breyta, we know all the steps and will help you carry out the collection procedure effectively. From sending the initial letters to any negotiations and legal proceedings, we are ready to make sure you receive payment.
Judicial debt collection procedures in England explained
You have an English customer who is not paying and you are considering legal action. Now you are probably wondering: 'How is the English debt collection system different from the Dutch one?
As in the Netherlands, England has clear procedures for debt collection through the courts. We explain the different court debt collection procedures.
Judicial debt collection procedures in England in a row
|Small Claims Track
|Amount in dispute
|Usually up to £10,000
|Between £10,000 and £25,000
|Usually more than £25,000
|Simple to moderately complex
|6 months to 1 year
|1 to 2 years
|Need for Lawyer
|More comprehensive than Small Claims
|Mostly short and informal
|Longer and more formal than Small Claims
|Long and formal
|Small debts, simple contractual matters
|More complex contractual matters, damages claims
|Large debts, highly complex legal disputes
Small claims track - the first option for English debt collection
The Small Claims Track in England is part of the County Court system, designed to resolve smaller civil disputes involving small claims.
Here is an explanation of how it works and what the steps are:
- Definition of Small Claims Track: It is intended for cases where the amount in dispute does not exceed £10,000. These are often cases such as small debts, contract disputes, and compensation claims.
- Commencement of a Case: The proceedings begin when the claimant submits a claim form to the court. This form describes the nature of the claim and the amount claimed.
- Response of the Defendant: The debtor then has a certain amount of time to respond. They can acknowledge and pay the claim, dispute the claim, or file their own counterclaim.
- Mediation or Pre-Trial: In some cases, a mediation process may take place in an attempt to settle the case out of court. If this fails, the case is referred to a hearing.
- The Session: At the hearing, both parties are heard. In the Small Claims Track, procedures are less formal and there is usually no need for a lawyer, although parties may choose to have legal representation.
- Excerpt: After hearing both parties, the judge will make a decision. The judge may decide to grant or reject the claim in whole or in part.
- Execution of the Ruling: If the plaintiff wins, the defendant has to pay the amount awarded. If the defendant does not pay, the plaintiff can take steps to collect the money, such as seizure of assets.
The Small Claims Track is designed to provide a faster and cheaper way to resolve smaller disputes.
In summary, cases where the amount claimed is under £10,000 (about €11,600), England's Small Claims Track is a good way to collect any claim.
Fast Track - option for outstanding invoices between £10,000 - £25,000
In England, in addition to the Small Claims Track, there is also the so-called "Fast Track" in the civil justice system. This is a procedure for handling certain types of civil cases.
Here are the key features and steps:
- Definition: Fast Track is designed for cases that are more complex than those in the Small Claims Track, but still require relatively quick handling. It is usually used for cases where the amount in dispute is between £10,000 and £25,000, although this amount can vary.
- Filing the case: Like the Small Claims Track, the process starts with filing a claim form with the court.
- Response of the Defendant: The defendant has to respond within a certain period of time. The response may consist of acknowledging the claim, disputing it, or filing a counterclaim.
- Case management conference (CMC): In Fast Track cases, a CMC is often held, where the judge and both parties meet to discuss the case.
- Exchange of Evidence: Both parties should exchange their evidence and documentation according to the established timetable.
- The Hearing: The case is heard at a hearing, where both parties bring their case to court. Lawyers are often involved in Fast Track cases.
- Excerpt: After considering the evidence and arguments of both sides, the judge makes a ruling.
- Execution of the Ruling: As with the Small Claims Track, the losing party must comply with the judgment, which may involve paying or taking other actions.
Multi Track - for disputes over £25,000
In addition to the Small Claims Track and Fast Track, there is another important procedure called the "Multi Track".
Herewith an overview of this procedure
- Target: Multi Track is designed for the most complex cases. These are generally cases where the amount in dispute exceeds £25,000.
- Features: Cases in the Multi Track are often complex in nature, with large amounts of evidence and witness statements. The procedures are very formal.
- Procedure duration: These cases typically take longer to settle than cases in the Small Claims Track or Fast Track, due to their complexity and the need for detailed evidence.
- Lawyers and experts: In the Multi Track, lawyers are always involved.
- Case Management: These cases require intensive case management, with detailed pre-trial procedures, including case management conferences and pre-trial reviews.
- Cost: Because of the complexity and involvement of lawyers and experts, the cost of pursuing a case in the Multi Track is usually much higher than in the other tracks.
- Ruling and Implementation: The rulings can have significant financial implications and often require detailed implementation procedures.
At collection agency Breyta, we have extensive experience in all these procedures.
From the Small Claims Track to the Multi Track, we are at your side. With our expertise, we will guide you from A to Z, so that you face each stage of the process with confidence.
With Breyta, you're in good hands - let's collect those unpaid bills.
Foreclosure in England
Seizure of bank accounts - Garnishee Orders
For Dutch companies, collecting debts in England can be tricky. The 'Garnishee Order' is a method of seizing bank accounts that, while similar to what we know in the Netherlands, is different.
Such an order is an order from the court to your debtor's bank. They must then withdraw money from his account to pay you. In the Netherlands, you first have to go through the court before you can do this, but in the UK you can do it straight away.
Note that a Garnishee Order applies only to money already in the account. It does not include money deposited later.
You have to prove well that you are really owed the money. And in England, there are different rules for things like trade debts and tax debts.
A collection agency like Breyta can help you with this. We know exactly what needs to be done and will make sure you get your money back from England quickly and properly.
Attachment of income - Attachment of Earnings Order
To attach income of a debtor from England, Breyta uses, among other things, the Attachment of Earnings Order.
What does an Attachment of Earnings Order mean?
Such an order forces the debtor's employer to pay the creditor a chunk of wages each time. This ensures that financial obligations are met and, as a creditor, it helps you receive the amounts owed.
How does the process work?
- The procedure starts with an application to the court. As a creditor, you provide evidence of the debt and the failure to pay.
- After court approval, the Attachment of Earnings Order is issued and sent to the debtor's employer.
- The employer must then withhold part of the salary and transfer it directly to the creditor until the full debt is paid.
Use the expertise of debt collection agency Breyta. With our in-depth knowledge and experience in English debt collection cases, we ensure you get what you are entitled to.
Sparring about your debt collection case?
Feel free to call us at 033-785 8470.
Then we will discuss the best approach together.
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