Debt Recovery- How To Recover From a Limited Company

Dealing with outstanding debt from a limited company can be a challenging process. As a creditor,
it’s essential to understand the steps and strategies to recover what is rightfully owed to you. In this
blog, we will explore effective methods to navigate the ins and outs of recovering debt from a
limited company.

Before initiating the debt recovery process, gather all relevant information about the limited
company. This includes the company’s legal name, registered address, and any available financial
records. Accurate documentation will strengthen your case and provide a solid foundation.

Open Communication

Initiate open and transparent communication with the debtor company. Send polite reminders and
clearly outline the outstanding amount, payment terms, and consequences of non-payment. A well-
drafted letter or email can sometimes encourage the company to address the debt without resorting
to legal measures.

Debt Recovery Letter

If informal communication fails, consider sending a formal debt recovery letter. Clearly state the
outstanding amount, the timeline for payment, and any additional charges or interest that may
apply. Make it known that legal action may be taken if the debt is not settled promptly.

Mediation and Negotiation

Explore the possibility of mediation or negotiation. Mediation involves a neutral third-party
facilitating discussions between the creditor and debtor to reach a mutually agreeable resolution.
Negotiation may involve adjusting the payment terms or agreeing on a structured repayment plan
that suits both parties.

Statutory Demand

If all attempts at negotiation do not work, issuing a statutory demand is the next step as the
company may be insolvent. This legal document formally demands payment within a specified
period (usually 21 days). A statutory demand can be a powerful tool, as failure to comply can result
in winding up proceedings against the limited company.

Winding-Up Petition

If the statutory demand is not met, filing a winding-up petition may be necessary. This is a legal
process that, if successful, could lead to the forced liquidation of the debtor company. It’s a serious
step, and professional advice should be sought before proceeding.

Court Action

In cases where the debt is disputed or the debtor refuses to cooperate, taking legal action through
the courts may be unavoidable. This involves filing a claim in the appropriate court and presenting
your case before a judge. Professional advice is highly recommended to navigate the complexities of
court proceedings

Enforcement of Judgement

If the court rules in your favor and issues a judgment, the next step is to enforce it. There are various
methods to enforce a judgment, including seizing assets, obtaining a charging order on property, or
securing a third-party debt order against the debtor’s bank account.

Recovering debt from a limited company requires a strategic and persistent approach. Start with
open communication, progress to formal demands, and, if necessary, be prepared to take legal
action. Seeking professional advice throughout the process is crucial to ensure that you navigate the
legal landscape effectively and maximize your chances of recovering the debt owed to you.
Remember, patience and diligence are key when pursuing debt recovery from a limited company.