Debt Collection (pre-legal)

Free collection of Commercial debts including service charges, insurance and associated debts

PBS offer a free debt collection service, with NO CHARGE to clients, even if we are unable recover the debt or our fees.

We have a dedicated team chasing all commercial debts in accordance with Late Payment legislation *. Upon receipt of your instruction a member of staff will be allocated to your case and will chase your debt for one month by post, email and telephone. Our aim is to collect the debt in full or arrange a sensible payment plan.

* Directive 2011/7/EU on combating late payment in commercial transactions

Our Charges

We charge a debt recovery fee of £30 + VAT, plus a small administration charge of £20 + VAT. These costs are added to the debt and collected direct from the debtor, in accordance with late payment legislation and the terms of the lease (if applicable).

There are no further charges for this service.

We offer two methods of Debt Collection:

1.   Stand Alone Debts

We accept instructions for any commercial debts. Simply go to our client login area, choose Instruction to Collect Debt, complete and submit.

2.   Combined Debts

Combine your debt instruction with an enforcement instruction for rent arrears under CRAR. See Combined Service.

Although the debt is non-enforceable under CRAR, we will be in direct communication with your tenant regarding the rent arrears, and will therefore be ideally placed to collect the debt. The standard charges as dictated by CRAR legislation will still apply for the rent arrears collection.

Please note, CRAR does not permit enforcement for arrears of service charges, insurance and associated debts.

Clients should be aware of the new Protocol for Debt Collection

The new Pre-Action Protocol which came into force on 1st October 2017 is designed to encourage communication between creditor and debtor, and aims to enable them to resolve matters without the need to for court proceedings.

The Protocol applies to any business bringing a claim against an individual or sole trader, for payment of a debt. It describes the conduct expected of the creditor prior to the start of proceedings.

The Protocol does not apply to business-to-business debts, unless the debtor is a sole trader.

Should you wish to take the matter to litigation, the court will expect both parties to have complied with this Protocol. Failure to comply may delay proceedings.

Full details of how to comply, including copies of the forms you will need, can be found at:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

How we can help when you have taken Court Action

If you are successful in obtaining a County Court Judgement (CCJ) against the debtor, and the judgement is £600 or over, PBS can help collect this for you. We offer a ‘transfer-up’ service which gives you a ‘Writ of Control’ enabling you to instruct our High Court Enforcement Agents to enforce for the debt. The cost of obtaining the Writ are added to the debt and collected from the debtor.

More details of this service are explained in the High Court Enforcement section of our website which will be available shortly.

How to instruct PBS

You can instruct us online via our client login area.  Login, or register if a first time user, and choose Instruction to Collect Debt. Complete the simple forms and submit.

If you already have a CCJ you can go straight to our ‘Legal Services’ tab to upload your instruction.

You will receive an email acknowledging receipt of your instruction and a Debt Notice will be sent to your tenant the same day (if before 3pm) or the following day, by post and also by email if you have supplied a valid email address.