Process & Legal Steps

Process & Legal Steps


The Process

When you have unpaid debts, Alpha Debt Recovery can intervene. Our very experienced agents follow the guidelines set out in the Pre Action Protocol for Debt Recovery and other rules and protocols required by the Civil Procedure Rules (CPR).

These ensure that you have met all the requirements. The protocols and procedures then set out a schedule for Recovery of your overdue payment.

First we will liaise between your business and the indebted party. Alpha Debt Recovery will contact the Debtors on your behalf. Many people will pay their invoices when they receive a recovery or enforcement letter.
An official teephone call from us can also be the pressure they need.
However, sometimes the letters and calls may go unanswered, If these requests fail to result in the collection of the amount owed, we will take further action.

This involves credit checking the debtor to evaluate their ability to pay, also we will take your two businesses to formulate payment plans for full recovery of the amount owed.

A settlement plan is often the best plan of action for all involved. It allows both parties to avoid costly and very unnecessary legal fees and court time. Otherwise, we can come up with a recovery solution that suits both parties.

Legal Steps

Requests for discussion and negotiation may fail, in such cases Debt Recovery and Enforcement agents can take further measures.
One solution used is the serving of a Statutory Demand. Statutory Demands are serious as they are the first step towards serving winding-up orders or bankruptcy petitions on the other party.
It can lean to liquidation or bankruptcy for the debtor. However Statutory Demands are only appropriate where the debt is not disputed, getting this wrong can lead you into costly mistakes.

A Statutory Demand requires a response, usually, the window of time is 7 days from the date of served. This is the first step towards forcing a business into Liquidation or an individual into bankruptcy over an unpaid debt.

However, a demand ending in liquidation or bankruptcy is not ideal for your business. Bankruptcy means it's likely that the debtor will be unable to pay all or any of the amount owed.

Alpha Debt Recovery can pursue other enforcement methods. One solution is to require the indebted party to appear in court by using a county court claim.
If you obtain a judgement Alpha Debt Recovery can assist you in applying for a Third Party Debt Order.
If the debtor has assets our agents can apply for a charging order to secure the judgement against those assets - usually a property.

Applying for an attachment to earnings order may also be a good option for the recovery of the debt, if you know who the debtors employers are.


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