Referring matters to a Solicitors
The following may be of use to you in ensuring a smooth transition when referring your debt recovery cases to a firm of solicitors.
- If this is the first time a particular site/block has been referred to solicitors you will need to send a copy of the lease. If you do not have a copy of this, it can be obtained from the Land Registry for a small cost. The solicitors will then be able to check the salient terms of the lease to ascertain the interest rate applicable on arrears; triggers for forfeiture and the position on recovery of legal costs etc.
- The address of the property in arrears should be sent, along with details of any other correspondence address held for the leaseholder.
- A breakdown of the charges outstanding and the periods to which the charges relate should be sent or, where possible, a copy invoice or statement.
- If you hold a copy of the Land Registry title document for the property that is being referred it is a good idea to forward this too.
- If any dispute has been raised by the leaseholder and responded to prior to referral it is vital to forward details of this.
Once a matter has been referred to solicitors you do not need to correspond with the leaseholder regarding any queries or disputes. You should refer them back to the solicitors and they will liaise with them on your behalf.
We would also suggest that once solicitors are instructed no payments should be accepted in respect of the debt in question before you have checked with them as this may prejudice your position (e.g. by waiving your right to forfeit the lease) and open you up to unnecessary legal costs. Similarly, if any payments are received that you are unable to return it is important that you notify them of this as soon as possible. Failure to notify them may result in incorrect actions being taken and further legal costs being incurred, for which you will be liable.
Instructions will be sought from you so it is a good idea to appoint a designated person within your company to whom any queries can be sent. We understand that it can be frustrating when a leaseholder raises a dispute as this can create a delay in funds being obtained. However, all disputes do need to be dealt with once they are raised in order to ensure that your position is fully protected if Court proceedings are required. So having one designated person to deal with the matter is the preferred way to proceed.
If you are notified that a property has been repossessed or is being sold whilst the debt recovery matter is with solicitors you should notify them of this as soon as possible. They will then be able to collect the arrears on your behalf.
If SLC Solicitors are your chosen solicitors then at all times you will be able to ring us for updates on the matter and log on to our reporting systems for updates from your own PC, tablet or mobile phone or alternatively receive frequent periodical reports from us to keep you up to date with the progress on your cases.
How SLC Solicitors can help.
If you have not already tried our efficient debt recovery service which is at no cost to you (as subject to lease all fees are recovered from the lessees) then please contact Jo Green on 0333 0 300 200 or email at email@example.com.