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Are you owed money?

By Spalding Today Columnist

As an individual, company or any other organisation, there is the possibility that you are owed hundreds if not thousands of pounds.

As a landlord, you may be owed unpaid rent from your tenants. You may be owed money under a contractual agreement that has not been paid. Companies or sole traders issue invoices for the services they have provided but it is not uncommon for those invoices to remain unpaid.

Once it is apparent that you will not receive the monies owed to you, you may need to consider your options on seeking payment.

Advice column with Mossop and Bowser (21086412)
Advice column with Mossop and Bowser (21086412)

It is best to try to settle debt matters without court proceedings by writing to the person that owes you the money or by attending mediation. However, this does not always result in payment.

An application to court may be the only remaining method to seek payment. The amount you are owed is key in determining the level of court involvement required. If you are owed less than £10,000 this is considered a ‘small claim’ by the court and a more straightforward approach is taken with a less formal procedure. You are still required to comply with court deadlines and ensure the court application and any further documents submitted comply with the court’s rules. If they do not, your case may be rejected by the judge and you would be required to start the proceedings again and pay another application fee.

If you are a landlord and your tenant is in two months arrears of rent, you can apply to the court for an order granting you possession of your property and that the tenant(s) pay you the sum owed in rent arrears. However, you must ensure you have complied with the 'notice requirements' before you issue court proceedings.

Mossop & Bowser Solicitors are experienced in debt collection and would be happy to assist you in recovering your debt whether you are considering issuing a claim or you have issued a claim and need further advice and guidance in dealing with the courts. Please contact our litigation team on 01406 422651.

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