The route to recovering what's owed

By LBV

23 Feb 2010

As one of the inevitable consequences of recession is the inability of some businesses to pay debts it is essential for those seeking to recover payments to establish if their debtor can pay what they owe.

Our specialist Leonard Curtis Receivables team, which works in conjunction with and under the control of our Business Rescue and Recovery Services, is working with an increasing number of companies seeking to recover problem ledgers and individual debtors.

Our expertise in credit control, debt collection, distressed ledger collection and litigation covers all
areas of industry and commerce with director level supervision and involvement and in-house solicitors to help the funder manage potential areas of risk. We manage and secure the interests of all involved to ensure a successful outcome that maximises returns.

When seeking to establish if what is owed can be repaid there are various avenues to follow – downloading its latest accounts from Companies House, obtaining credit checks from reference agencies and asking questions directly of your debtor.

You may then decide to issue a County Court claim to recover the debt and if the debtor still fails to pay after a judgment is secured a Court bailiff can seize and sell the debtor’s goods at auction with proceeds used to pay the debt or if the debtor owns property, you can apply to court for a charge on land or securities.

A judgment can also be enforced via a third party debt order - the court grants an order for a third party who owes the debtor money to pay you instead.

If you’re unable to enforce a judgment, the nuclear option is to petition for the winding up of a corporate debtor or for an individual’s bankruptcy.

Insolvency proceedings should not be used to collect debt but if the debtor doesn’t dispute the debt and it’s more than £750, you can start the proceedings without first obtaining a judgment on the basis that you believe the debtor is insolvent and unable to pay.

Before presenting a bankruptcy petition against a person you must serve them with a formal demand for payment within 21 days or for them to apply to the court to set aside the demand because it’s disputed – this is a proven way of being paid.

Once a winding up or bankruptcy order is made, a liquidator, or trustee in bankruptcy, will be appointed to collect the debt and pay creditors.

Our advice is to watch your debtors very closely and act immediately on the first signs of financial distress.

Mark Colman, Leonard Curtis Business Rescue and Recovery.
 

Enjoyed this? Read more from LBV

Latest news

1

Blackburn with Darwen tops young entrepreneurs table Entrepreneur Young Small Business

Blackburn with Darwen tops young entrepreneurs table

08 Oct 2026

2

Burnham tells Chorley pie shop owner ‘I’m listening’ Paul

Burnham tells Chorley pie shop owner ‘I’m listening’

07 Oct 2026

3

Heritage training for construction lecturers Img 20260907 Wa0001

Heritage training for construction lecturers

07 Oct 2026

4

Planning rules change prompts council constitution update St Annes Town Hall

Planning rules change prompts council constitution update

07 Oct 2026

5

Plans submitted for college electrical workshop 4028burnleycollegenewworkshop

Plans submitted for college electrical workshop

07 Oct 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Clubhouse Business Network sponsored by Orca Finance - October 2026
Club House Padel 08 Oct 2026

Clubhouse Business Network sponsored by Orca Finance - October 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Neurodiversity Awareness and Support Training
09 Oct 2026

Neurodiversity Awareness and Support Training

Neuro Spark Training Solutions, Burnley , BB11 2AS

09:00 - 16:00

Blackburn Darwen Youth Zone Annual Quiz
BDYZ Quiz 15 Oct 2026

Blackburn Darwen Youth Zone Annual Quiz

Accrington Stanley FC, Accrington, BB5 5BX

17:00 - 13:46

The Business Network Central and East Lancashire
LBV Website Events GraphicBusiness Network 2 15 Oct 2026 - 15 Oct 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Seriun Cyber Security Conference
Seriun 15 Oct 2026

Seriun Cyber Security Conference

Turf Moor, Burnley, BB10 4BX.

09:00 - 13:30

Preston Tech Connection Coworking Day
PTC Coworking Day long banner Oct.png.png 15 Oct 2026

Preston Tech Connection Coworking Day

Society1, 9-10 Cross Street, Preston, PR1 3LT

09:00 - 17:00

Building Brands (and workplaces) That Are Accessible For Everyone
Wyqfi3-wowjag-heczop.jpg.jpg 16 Oct 2026

Building Brands (and workplaces) That Are Accessible For Everyone

Neuro Spark Training Solutions, Burnley , BB11 2AS

09:30 - 16:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin