Debt Collection Service (pre-legal)

Collection of commercial debts including service charges, insurance and associated debts.

PBS offer a debt collection service, with NO CHARGE to clients, even if we are unable recover the debt or our fees.There is a small charge to the debtor, except when using our ‘Combined Service’ which is also free to the debtor for 7 days.

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 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 small fee, which is added to the debt and collected directly from the debtor, in accordance with late payment legislation and the terms of the lease (if applicable). Prices are available from our office, by calling 08450 090909.

There are no further charges for this service.

We offer two methods of Debt Collection:

1.   Stand Alone Debts

Debt instructions received for any commercial debt, including service charges and insurance where there is no associated CRAR action running alongside.

On receipt of your instruction a notice is sent to the debtor giving them 7 clear days in which to pay the debt and charges.

The notice explains that this action is pre-legal, and that the debtor now has incurred a small charge. The debtor is informed that unless the debt is settled in full or a sensible payment plan put in place, legal action may be commenced, resulting in further charges.

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.

Combined debts are debt instructions in respect of service charges, insurance and/or associated debts, received together with a CRAR instruction for the same tenant.

PBS offer a free service for combined debts, for 7 clear days. As we will be in direct communication with your tenant regarding the CRAR action, we will be ideally placed to negotiate collection of the debt at the same time. The standard legal charges as dictated by CRAR will still apply for the rent arrears collection.

If the tenant fails to take advantage of the 7-day free period, a small charge is added to the debt and PBS will continue with the debt 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.